JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Saghir Ahmad, learned Senior Advocate assisted by Mr. Mohd Raghib Ali, learned counsel for the revisionist, Mr. Satya Priya Mishra, learned counsel for the opposite party no. 2 and Mr. Amit Singh Chauhan, learned AGA-I assisted by Mr. Mayank Awasthi, learned counsel for the State and perused the record.

2. This criminal revision under section 397/401 Cr.P.C. has been preferred by the revisionist against the impugned order dated 30.09.2023 passed by the learned Additional Sessions Judge/Special Judge, P.C. Act (U.P.S.I.B.), Gorakhpur in Criminal Revision No. 130 of 2022 [Nanhelal Yadav vs. State of Uttar Pradesh and Others], arising out of . Case Crime No. 60 of 2016, F.R. No. 20010/2017, under Sections 307, 427, 34 IPC, Police Station-Uruwa Bazar, District-Gorakhpur.

BRIEF FACTS OF THE CASE

3. The facts in brief which are essential to be stated for adjudication of this revision are that:

(i) An FIR was lodged on 26.05.2016 by the informant; Nanhe Lal Yadav, under Sections 307, 427, 34 IPC, which was registered as Case Crime No. 0060 of 2016 against two named accused, namely, Umesh Singh, Vivek Singh and three unknown persons with the allegat