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2023 Supreme(All) 164

SURENDRA SINGH-I
Bhura – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist :M.J. Akhtar, Mohd. Akbar Shah Alam Khan, Satya Dheer Singh Jadaun, Sr. Advocate.
For the Opposite Party : G.A., Jitendra Prasad Mishra.

JUDGMENT :

Heard Sri V.M. Zaidi, learned Senior Advocate, assisted by Sri Satya Dheer Singh Jadaun, Sri Mohd. Akbar Shah Alam Khan and Sri Uma Shankar Tiwari, learned counsels for the revisionists, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and Sri Jitendra Prasad Mishra, learned counsel for the opposite party no. 2.

2. The instant revision has been filed against the order dated 09.11.2022 passed by the Additional Sessions Judge, Deoband, District-Saharanpur in Sessions Trial No. 20 of 2022 (Old S.T. No. 1402 of 2022), "State of U.P. Vs. Rakib and others" arising out of Case Crime No. 14 of 2022, under Sections 302/34, 452/34 I.P.C., Police Station- Badgaon, District- Saharanpur.

3. By the impugned order, the trial court allowed Application No. 9-Kha, under Section 319 Cr.P.C. presented by prosecution and summoned the revisionist no. 1, Bhura, revisionist no. 2, Lilla alias Mobin, both sons of Salamu, revisionist no. 3, Usman S/o. Bhura, revisionist no. 4, Saleem S/o. Lilla and revisionist no. 5, Inam S/o. Khalil to face trial under Section 302/34, 452/34 I.P.C. along with other co-accused.

4. The revisionists have stated in their ground of revision that during investigatio

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