NEERAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned Additional Government Advocate and perused the record.

(2.) This petition has been filed with the prayer to quash the impugned order dated 29.5.2019 passed by Additional Sessions Judge, Court No.7, Unnao in Criminal Revision No. 127 of 2015, State v. Ram Sewak, whereby the application under section 319 has been allowed and accused revisionist alongwith other accused has been summoned under sections 427,452,323,504,354 IPC and section 7/8 POCSO Act.

(3.) Learned counsel for the petitioner has submitted that learned trial court has summoned the accused revisionist on the basis of statements of P.W. 1 and 2 while P.W. 2 was only examined-in-chief and she was not crossed examined. The statements of witnesses were recorded under section 161 Cr.P.C. wherein they have stated that revisionist was not present at the time of alleged incident, but this fact has also not been considered by the trial court. Lastly, learned he submitted that revisionist is ready to surrender before the court below and some protection may be granted to him.