SURESH KUMAR SONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.B. Paul, learned counsel for the revisionist and learned A.G.A. for the State.

(2.) The present criminal revision has been preferred against the judgment and order dated 03.07.2015, passed by Additional Sessions Judge, Court No. 1, Ballia, in Sessions Trial No. 91 of 2015, arising out of Case Crime No. 79 of 1996, State v. Santosh Prasad Dwivedi and others, under sections 147, 302, 201, 120-B IPC, Police Station-Gadwar, District-Ballia.

(3.) The brief facts, which emerge from the record, are that the applicant being the then Station House Officer of the concerned police station was involved in case of custodial death along with other accused persons for which the First Information Report was lodged by one Virendra Singh against him as Case Crime No. 79 of 1996, under sections 147, 302, 201, 120-B IPC, Police Station- Gadwar, District-Ballia and after investigation a charge sheet has been submitted by C.B. C.I.D. (Crime Bureau, Crime Investigation Department) against the applicant and co-accused persons and cognisance has been taken against him and other accused persons on 17.03.2008 by the learned Magistrate. It further transpires that on 08.04.2015 the case was committed by the Chief Judicial Magistrate, Ballia to the Court of Sessions on 08.04.2015 and the Sessions Trial No. 91 of 2015 with respect to the three accused namely, Vijay, Jagdish and Kripa Shankar only and so far as the applicant is concerned and the co-accused Arvind Kumar Upadhyay and Mahesh Prasad are concerned, the case has not yet been committed to the Court of Sessions.