KAMLESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal revision has been filed against the order dated 15.9.2007 passed by the learned Additional Sessions Judge Court No. 7 Sitapur whereby he refused to summon Ram Pal Singh, Deepak Singh, Ajai Kumar Singh and Anil Kumar Singh under Sec. 319 Cr. P.C. as an accused in ST No. 1163 of 2006 under Sec. 302, 307 and 120-B Penal Code pertaining to Police Station Kotwali, District Sitapur.

(2.) Heard Sri J.N. Chaudhary learned Counsel for the revisionist, Sri R.P. Shukla learned Additional Government Advocate for the State and perused the impugned order dated 15.9.2007 and the earlier order dated 29.8.2007 of this Court passed in criminal revision No. 413 of 2007.

(3.) The previous order dated 29.8.2007 in criminal revision No. 413 of 2007 was passed by this Court after discussing the evidence available on record, that in pursuance of the observations made by the Hon. Apex Court in its three Honourable Judges Bench in case of V. Saraba Reddy Vs. Puthur Rami Reddy and another, (2007) 2 SCC (Crl.) 412 ,' and in accordance with the sprit of Sec. 319 of Code of Criminal Procedure by issuance of a direction to the Trial Court to pass fresh order. The order dated 29.8.2007 is quoted below: