VIKAS Vs. STATE OF U.P. AND ANR.

JUDGEMENT

(1.) By means of this Criminal revision the revisionists have challenged the legality and correctness of the order dated 6.4.2016 passed by learned Additional Sessions Judge, Court No. 4, Saharanpur, in S.T. No. 730 of 2013, arising out of Case Crime No. 223 of 2013, State of U.P. Vs. Ram Kumar and others, by which the learned trial court while exercising its powers u/s 319 Cr.P.C. has summoned the revisionists to face the trial for the offence under section 302, 201 I.P.C.

(2.) Heard learned counsel for the revisionists and learned AGA on admission and perused the available record.

(3.) The submission of learned counsel for the revisionists is that the court below has passed the impugned order illegally and arbitrarily without considering the facts and circumstances of the case and without keeping in view the legal position. It has further been submitted that the medical report of the deceased clearly suggests that he has received only one injury on his neck. However, the learned trial court without assigning any proper reason, has summoned the revisionists, ignoring the legal position that on the mere existence of a prima-facie case, no one can be summoned under section 319 Cr.P.C. unless and until, evidence adduced on behalf of the prosecution, if unrebutted, may lead to conviction of the person sought to be added as an accused.