JUDGMENT :

Abdul Moin, J.

1. Heard Sri Krishna Gopal, learned counsel for the revisionist as well as Sri Anurag Verma, the learned A.G.A. for the State-respondents and perused the record.

2. Instant revision under Section 438/442 B.N.S.S., 2023 has been filed against the order dated 15.05.2024 passed by the learned Additional District and Sessions Judge/FTC-2nd, Bahraich in Criminal Case No.321 of 2018 arising out of Case Crime No.117 of 2018, under Sections 307, 452, 323 and 506 IPC, Police Station Herdi, District Bahraich whereby the revisionist has been summoned by exercising the powers under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'Code').

3. Contention of the learned counsel for the revisionist is that though the name of the revisionist found place in the FIR that had been lodged by respondent No.2, yet in the charge-sheet that had been filed by the investigating officer dated 13.07.2018, a copy of which is Annexure-2 to the revision, he was not named. Thereafter upon an application being filed by the respondent No.2, the learned court has passed the order impugned whereby the revisionist has been summoned.

4. Placing reliance on the judgments of t