KRISHNA KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been directed against the order dated 19.3.2005 passed by C.J.M., Ballia in Criminal Case No. 2336 of 1998, State v. Amit Rai and others, whereby the application of opposite party No. 2, under Section 319, Cr. P.C. was allowed and the revisionist was summoned for trial together with the accused persons.

(2.) THE facts which gave rise to this revision, in brief, are that opposite party No. 2 Tap Narain had lodged a report on 2.8.98 at Police Station Narahi, district Ballia against 4 persons, including revisionist Krishna Kumar Rai under Section 328/336/ 504/506, I.P.C. THE police, however, after investigation submitted a charge sheet under Section 323/ 325/336/504/506, I.P.C. against 3 persons only excluding the name of the revisionist. THE Magistrate took cognizance and tried the case. In the trial, after the examination of first informant as P.W. 1, an application under Section 319, Cr. P.C. was moved by the prosecution to summon Krishna Kumar Rai. An objection against that application was filed by the accused persons. THE learned trial court (C.J.M., Ballia), after hearing the parties, allowed the application and ordered for summoning Krishna Kumar Rai for trial under Sections 323, 325, 336, 504 and 506, I.P.C. together with the accused persons by the impugned order. Feeling aggrieved with the said order, Krishna Kumar Rai has preferred this revision before this Court.

(3.) IT has been contended in the memo of revision that there is absolutely no legal evidence on record to connect the revisionist with the alleged crime.