Priyanka Mall @ Mahima vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 72

RAM MANOHAR NARAYAN MISHRA
Priyanka Mall @ Mahima – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Shashi Ranjan Srivastava.
For the Respondent: Manoj Kumar Maurya.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State.

2. By means of instant criminal revision, revisionist has assailed the impugned order dated 10.8.2021 passed by learned Additional District and Sessions Judge, Fast Track Court No. 1, Deoria by which the learned Judge has dismissed the application 131 Kha under section 319 Cr.P.C. in Session Trial No. 134 of 2018 (State vs. Ramkeshwar and Others), under Section 364 IPC for summoning the respondent no. 4, Satendra @ Santosh Mall as conspirator to face trial with the accused, respondent nos. 2 and 3, who are already facing trail.

3. Factual matrix of the case in brief is that the informant/ revisionist lodged F.I.R. at P.S. Kotwali on 2.10.2012 at 6:25 hours stating therein that she is resident of village Parwa Tarwa (Parsia Mall), P.S. Kotwali, Deoria. Her uncle Santosh Mall @ Satendra Mall has got executed a fraudulent sale deed of property of her father in the name of his wife. She had gone to the court of SDM, Deoria in connection with that sale deed and after getting her statement recorded, she came to Kotwali. Her father went to