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2016 Supreme(All) 1200

VIJAY LAKSHMI
VINOD (MINOR) – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Kamesh Kumar Arya for the Revisionist; G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Mrs. Vijay Lakshmi, J.—Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the records.

2. This revision has been preferred against the judgment and order dated 28.7.2016, passed by the Additional Sessions Judge, Fast Track Court No. 1, Rampur in Sessions Trial No. 154/2015, State v. Padam Singh, arising out of Case Crime No. 286C/2014, under Sections 452, 376 and 506 I.P.C. P.S. Patwai, District-Rampur, whereby the learned trial Court has allowed the application moved under Section 319 Cr.P.C. and has summoned the revisionist to face trial alongwith the main accused Padam Singh.

3. Learned counsel for the revisionist has submitted that the learned Court below has passed the impugned order in an unjust, improper and arbitrary manner without any application of mind, the revisionist has not committed the alleged crime.

4. In paragraph 13 of the affidavit filed in support of the revision, it has been submitted that the revisionist is a minor who is aged about 12 years at present and on the date of incident he was only 10 years old. However, the trial Court without considering this fact, has mechanically summoned the revisionist under Secti














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