BADAR ALAM Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard Sri V. M. Zaidi learned Counsel for the revisionist in respect of this revision and Sri A. K. Solanki, learned Counsel for the respondent as well as learned AGA.

(2.) THE prayer of the prosecution for summoning Shoaib, Abdul Rahman, Daud and Mateen under Section 319 Cr. P. C. as an accused has been rejected by the Additional Sessions Judge, Court No. 8, Muzaffarnagar in S. T. No. 232 of 2006 by observing that because investigation is still going on in respect of these persons, therefore, the application of the prosecution under Section 319 Cr. P. C. is not maintainable. THE said order dated 18-10-2006 is under challenge in this revision.

(3.) THIS revision is allowed.