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2024 Supreme(All) 571

SURENDRA SINGH I
Vijay Shankar Verma – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ravindra Prakash Srivastava
For the Opposite Party : G.A.,Shesh Narain Mishra,Sudhanshu Pratap Singh

JUDGMENT :

Surendra Singh-I, J.

1. By means of instant revision filed under Section 397/401 Cr.P.C., the revisionist has assailed the impugned order dated 11.5.2022 passed by the Ist Additional Sessions Judge Basti in Sessions Trial No. 35 of 2015 (State Vs. Ram Suresh and others)) under Section 306 IPC P.S. Paikoliya, District Basti. By the impugned order, the trial court has rejected the revisionist’s application 52 (Kha) filed under Section 319 Cr.P.C. for summoning the opposite party no.2 to 4 as an accused for trial.

2. It is has been averred by learned counsel for the revisionist that the trial court has passed the impugned order against the weight of evidence on record and the without application of judicial mind, the order is illegal, improper and bad in the eye of law and it is liable to be quashed by this Court.

3. It has been submitted that the revisionist’s sister Chandrakanti was subjected to dowry death for which, revisionist’s father Mani Ram Verma lodged the First Information Report against Ramsuresh husband of her daughter, her mother-in-law Mewati Devi and opposite party nos. 2 Gopal (devar), opposite party no.3 Umesh (devar) and opposite party no.4 Chotelal (father)

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