RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, j. The facts in brief, giving rise to the present revision, are that one Manohar Lal Jha lodged a report at the police station, Jokhyaun, District, Lalitpur against Devendra Kumar, Rakesh Kumar and Akhilesh Kumar with the allegations that they be laboured him with kicks and fists while he was on govern ment duty and also threatened him to life.

(2.) ON the basis of the written FIR, a case was registered at the police station under Sections 332/333/353/504/506, IPC vide crime No. 255 of 1998. The case was investigated and the Investigating Officer ultimately submitted a charge-sheet against Devendra Kumar and Akhilesh Kumar. He did not forward Rakesh Kumar to the Court for trial.

(3.) SIMILAR, controversy arose in num ber of criminal revisions and in the ap plications under Section 482, Cr PC an3 there had been difference of opinion in this regard. Hence, Hon'ble Mr. Justice S. K. Phaujdar referred the case formulating a question "whether the term 'evidence used in Section 319, Cr PC could only mean an evidence complete by cross-examination or if the Court can take action under this Section even on the statement made in examination-in-chief of one or other witnesses. " SIMILAR, reference was also made by Hon'ble Mr. Justice C. A. Rahim.