NEERAJ TIWARI, J.

1. Heard learned counsel for the revisionist and learned A.G.A. For the State.

2. By way of criminal revision, revisionist is challenging the order dated 15.12.2009 passed under Section 319 Cr.P.C. summoning the revisionist for trial under Sections 302 read with Section 34 & 504 IPC.

3. The submission of learned counsel for the revisionist is that initially FIR was lodged against the revisionist along with three co-accused persons at Police Station- Phugana District- Muzaffarnagar, which was registered as Case Crime No.304 of 2007, under Sections 324, 323, 504 IPC. During the investigation, injured namely, Ratan Singh died due to injury and after his death case was converted under Section 302, 34 IPC. The Investigating Officer completed the investigation and submitted charge sheet under Sections 302, 34, 504 IPC against the co-accused, namely, Bhopal, Ram Niwas & Anuj and exonerated the revisionist from the charges and his name has not find place in charge sheet. Learned Chief Judicial Magistrate has committed the case for Session Trial before the Sessions Judge on 20.11.2017 and charge was framed against the charge sheeted person on 11.03.2008 under Sectio