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2024 Supreme(All) 347

SURENDRA SINGH I
Shiv Mohan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Phool Singh Yadav, Vaibhav Yadav.
For the Opposite Parties : Ashutosh Mishra, Yashdeep Rastogi.

JUDGMENT :

Heard learned counsel for the revisionists, learned counsel for the opposite party No.2 and learned A.G.A. for the State.

2. The present criminal revision has been instituted against the impugned judgement and order dated 11.05.2023 passed by Special Judge (E.C. Act), Fatehpur in S.T. No. 679 of 2020 (State Vs. Shiv Mohan and others) arising out of Case Crime No. 88 of 2020 under sections 323, 504, 304 I.P.C., Police Station- Malwan, District- Fatehpur.

3. By the impugned order, the trial court has rejected the application 16-B filed by the revisionist no. 1 under section 311 Cr.P.C. to summon P.W.1 Balwant Singh for cross-examination.

4. Learned counsel for the revisionists submitted that regarding the incident, an N.C.R. against Raj Kumar and Gore Lal was registered by P.W.1 Balwant Singh. The accused, Shiv Mohan also got registered an F.I.R./N.C.R. No. 46 of 2020 under Section 323, 504 I.P.C., Police Station-Malwan, District- Fatehpur. In the F.I.R./N.C.R. of the alleged incident registered by the revisionist no. 1, his son had received serious injuries in the same incident. It has been also submitted that in the case registered by Balwant Singh, after investigation, cha

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