JAI KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) In compliance of the previous order written notice has been sent to the counsel for the opposite party no. 2 which name is printed in the cause list but no one has appeared and no counter affidavit has been filed on behalf of opposite party no. 2.

(2.) This criminal revision has been filed against the order dated 4.5.2013 passed by Additional Sessions Judge (Court No. 2), Firozabad, rejecting the order dated 23.7.2012 passed by Additional Chief Judicial Magistrate-I, Firozabad by which the opposite party no. 2 Smt. Meera was summoned under Sec. 319 Crimial P.C. to face trial Under Sections 323, 326, 504, 506 Penal Code with other accused persons in Case No. 1362 of 2012, State of U.P. Vs. Deepak and Others, pending in the Court of A.C.J.M.-Ist, Firozabad.

(3.) Facts, in brief, are that initially on the basis of an information to the police station a case under Sections 323, 504 and 506 Penal Code was registered as NCR No. 91 of 2009 which was later on converted into Crime No. 345 of 2009. Investigating Officer filed a charge sheet against the co-accused Deepak and Awdhesh under Sections 323, 326, 504 and 506 IPC. During trial statement of informant PW1 Jai Kishore and PW2 Smt. Preeti were recorded and they have clearly stated the role and involvement of opposite party no. 2. Thereafter, an application under Sec. 319 Cr.P.C. moved before the trial court for summoning opposite party no. 2 Smt. Meera as an accused which was allowed by A.C.J.M.-Ist, Firozabad and opposite party no. 2 Smt. Meera was summoned for facing trial under Sections 323, 326, 504 and 506 IPC.