ABDUL RAHEEM @ KALLOO Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned Additional Government Advocate.

(2.) BY means of this criminal revision the revisionist has challenged an order dated 11.9.2009 passed by the Special/Additional Sessions Judge, Siddharthnagar summoning the revisionist in a case under section 304/34 IPC in exercise of powers under section 319 Cr.P.C.

(3.) LEARNED counsel has placed reliance upon the decisions of Hon'ble Apex Court in Lal Suraj alias Suraj Singh and another Vs. State of Jharkhand, (2009) 1 SCC (Cri) 844, Anil Singh and another Vs. State of Bihar and others, (2008) 1 SCC (Cri) 708 and Kailash Vs. State of Rajasthan and another, (2009) 1 SCC (Cri) 1006 for the proposition that the powers under section 319 Cr.P.C. should be exercised sparingly and the probability of conviction needs to be assessed.