Point of Law: Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does not appear to be perverse or palpable while issuing summons.

JUDGMENT :

1. This is a revision purported to be under Section 397/401 of CrPC challenging the order dated 4.3.2021 passed by Addl. Sessions Judge/ Fast Track Court No.2, Etawah in Session Trial No. 279 of 2017 (State Vs. Manoj Kumar @ Chhange) arising out of Case Crime no.520 of 2016, under Sections 342, 323, 308 IPC, P.S.- Ekdil, District - Etawah.

2. Heard Sri Prem Prakash, learned counsel for the revisionist, as well as Sri K.K. Rajbhar, the learned A.G.A.

3. In view of the order so sought to be passed, there is no need to issue notice to O.P. no.2.

4. Brief facts of the case shorn off unnecessary details are that an FIR was lodged by O.P. no.2 on 24.11.2016 before the Police Station-Ekdil, District Etawah being Case Crime no.520 of 2016, purported to be under Section 354-A, 342, 323, 286 IPC, 1860 against the accused Rajeev son of Shiv Ram Singh, Chhote son of Kayam Singh, Chhange Singh son of Bhogi Ram and unknown persons with regard to the allegations referable to the incident, which occurred on 24.11.2016, whereby it was alleged at about 7:00 in the morning, the O.P. no.2 along with her husband being Kamlesh son of Giriwar Singh, resident of Ramnagar, P.S. Ekdil, Etawah was in their agricultural field with regard to farming activity relating to sowing. At the relevant point of time, Sri Rajeev son of Shiv Raj Singh, R/o Nagla Barra, Chhote son of Kayam Singh resident of Nagla Pancchi, Chhange son of Bhogiram resident of Buapur, P.S. Ekdil, District Etawah along with one unknown person came on a motorcycle armed with rifle and pistol and started manhandling the O.P. no.2, who started screaming and the same gathered attention of other persons, present in the field and the husband of O.P. no.2 tried to get her released from the clutches of the aforesaid accused, then they took him away and administered beating while taking him on their motorcycle to an unknown place and when the aforesaid accused were confronted with some people, including one Santosh Chaudhary and Shivam Chaudhary, who were standing nearby, then on account of their resistance, then accused left the husband of O.P. no.2 in deplorable condition and they also fired in air.

5. Thereafter the Investigating Officer submitted a charge sheet dated 14/15.8.2017 under Sections 342, 323, 308 IPC in Case Crime no. 520 of 2016, P.S. Ekdil, District Etawah before the court concerned against Manoj Kumar only, and not against the applicant herein.

6. It appears that PW-1 being the O.P. no.2 gave her statement on 8.3.2018, wherein she had specifically taken the name of Rajeev son of Shivraj Singh resident of Nagla Bari, Ekdil, Etawah, Chhote son of Kayam Singh resident of Nagla Panchhi, Ekdil, District Etawah and Chhange son of Bhogiram, resident of Buapur, Ekdil, District Etawah and an unknown person supporting the same incident, which was narrated in the FIR dated 24.11.2016.

7. Kamlesh, the husband of O.P. no.2 also got his statement recorded under Section 161 CrPC on 17.8.2019, wherein he specifically took the name of applicant herein with regard to commission of the offences resulting to lodging of the FIR dated 24.11.2016.

8. Being aggrieved against non-submission of charge sheet against the applicant, the O.P. no.2, thereafter preferred an application under Section 319 CrPC dated 30.9.2019 before the Court of Addl. Sessions Judge, Court No.8, Etawah in S.T. No. 279 of 2017. The aforesaid application so submitted by O.P. No.2 under Section 319 CrPC has been allowed by virtue of order dated 4.3.2021 passed by court below, while issuing summons to the revisionist under Sections 342, 323, 308 IPC.

9. The order dated 4.3.2021 passed by the Court of Addl. Sessions Judge/ Fast Track Court No.2, Etawah in Session Trial No. 279 of 2017 (State Vs. Manoj Kumar @ Chhange) arising out of Case Crime no.520 of 2016, under Sections 342, 323, 308 IPC, P.S.-Ekdil, District -Etawah.

10. The moot question, which falls for consideration before this Court in the proceedings u/s 397/401 of Cr.P.C