Allahabad High Court
Jageshwar vs State Of U.P. And 2 Others on 18 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- CRIMINAL REVISION No. - 1756 of 2022 Revisionist :- Jageshwar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.,Ramanuj Yadav Hon'ble Om Prakash Tripathi,J.
Learned counsel for the revisionist is present and learned A.G.A. for the State is also present.
Notice on opposite party nos. 2 and 3 have been personally served as per the report of the C.J.M. Mahoba but they are not present even revised call.
Heard learned counsel for the revisionist on merits.
This Criminal Revision has been filed to quash the impugned order dated 02.04.2022 passed by the Additional Sessions Judge, (F.T.C.), Mahoba in Session Trial No.06 of 2019 in connection with case crime no.1028 of 2016 (State vs. Devi Prasad and others), under Section 147, 148, 149, 307, 506 IPC, Police Station Kotwali Mahoba, District Mahoba by means of which the Court below wrongly exercising its power, under Section 319 of Criminal Procedure Code, has allowed the application, filed on behalf of the prosecution and has summoned the revisionist for facing trial.
From the perusal of the impugned order, it is apparent that in the FIR, names of the applicant Jageshwar and Kandhi have been mentioned but no charge sheet has been filed against them. In the statement before the Court concerned, the injured P.W.2 Asha Ram has stated that the applicant Jageshwar and Kandhi have also caused injuries to him alongwith other accused persons. P.W.3 Brijbhan who is an eye witness has also supported this fact and trial Court came to the conclusion that P.W.1,the complainant, P.W.2 the injured and P.W.3 a dependent witness have stated that on 19.12.2016 at about 7:00 p.m. the involvement of the applicant is prima facie shown in causing the occurrence.
In view of the above discussion, there appears no illegality or irregularity in the impugned order. Impugned order is not liable to be interfered in the revision. This revision lacks merit and liable to be dismissed.
Thus, the present revision is dismissed, accordingly.
Order Date :- 18.7.2022/Monika