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2020 Supreme(All) 175

VIKAS KUNVAR SRIVASTAV
Dipendra Kumar Singh Alias Bittu – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Surendra Pratap Singh, Ajai Kumar Gupta
For the Respondent:Govt. Advocate, Sushil Kumar Singh

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The present revision is moved to seek interference of court in the impugned order dated 31.7.2019 on the ground of illegality, irregularity and arbitrariness committed by the Trial Judge in S.T No.467/2016, Crime Case No. 299/2016 registered under Sections 147, 148, 149, 504, 506, 307 and 302 I.P.C. in Police Station-Jamo, District Amethi (State of U.P. Vs. Shivendra Pratap Singh & Anr.) allowing the application of informant of the case under Section 319 Cr.P.C. By the said order the revisionist, proposed accused is summoned for trial along with the other named accused in the First Information Report of the incidence and charge-sheeted by the police after investigation.

2. Heard learned counsel Sri S.P. Singh, Advocate appearing on behalf of the revisionist (the proposed accused), learned counsel Sri S.K. Singh, Advocate appearing on behalf of the complainant and for prosecution, learned A.G.A Sri Abhay Kumar, Advocate.

3. The crux of the argument delivered by learned counsel Sri S.P. Singh are that-

    i. The presence of accused at the spot of the crime is not established satisfactorily by cogent and material evidence before the court.

ii. Though, t

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