Sandeep Kumar vs State of U. P. - 2023 Supreme(All) 2670

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2670

SYED AFTAB HUSAIN RIZVI
Sandeep Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Revisionist :Dhiraj Srivastava, Sr. Advocate.
For the Opposite Party :G.A., Amar Chandra and Sunil Kumar, Advocate.

JUDGMENT

Syed Aftab Husain Rizvi, J. - Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Dhiraj Srivastava, learned counsel for the revisionist, learned A.G.A. for the State of U.P.-opposite party no.1 and Sri Amar Chandra, learned counsel for the opposite party no.2.

2. This criminal revision is directed against order dated 27.09.2022 passed by Additional Session Judge, Court No.1, Shahjahanpur in Session Trial No.177 of 2016 (State v. Ashok Kumar) arising out of Case Crime No.377 of 2016 under Section 304 , 323 and 504 I.P.C., Police Station Roja, District Shahjahanpur.

3. By the impugned order, learned trial court in exercise of powers under Section 319 Cr.P.C. on the application of the prosecution has summoned the revisionist-accused, Sandeep and another accused Vibha Devi to face trial with co-accused.

4. Km. Anushka Krishna, opposite party no.2 lodged an F.I.R. on 31.03.2016 regarding the incident which has taken place on 29.03.2016 at about 6.30 p.m. alleging therein that the complainant with her sister Surabhi was at her house when her real uncle Ashok Kumar, his wife (Vibha Devi) and Sandeep came there and started abusing. In the meantime her father Ram