The trial court must find prima facie evidence to summon accused under Section 319 Cr.P.C., not merely act on possibilities; significant discretion and evidentiary standards apply.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Arun Sinha, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State, Sri Adarsh Srivastava, the learned counsel for opposite party No.2 and perused the record.

2. By means of the instant Revision filed under Section 397 /401 Cr.P.C., the revisionists have challenged the validity of an order dated 23.10.2024 passed by the learned Additional Session Judge, Court No.1, Sultanpur in Session Trial No.210 of 2022 whereby an application filed by the opposite party No.2 under Section 319 Cr.P.C. summoning the revisionists and another person Ritesh Rana to face trial in respect of Case Crime No.305 of 2020 under Section 302 /149, 307/149, 323/149, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act relating to Police Station- Kudwar, District- Sultanpur, has been allowed and the applicants have been summoned to face the trial.

3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No.2 on 17.06.2020 against ten persons, including the revisionists, stating that the informant's daughter-in-law was the village Pradhan and all her works were looked after by her husband (the informant's son Mainuddin) as her representative. Accused persons-Iqbal @ Balu, Akhlakh Ahmad, Shakeel Ahmad, Ritesh Rana, Rohit Tewari, Gulam Asgari, Hashim, Khursheed Alam and Zakir used to sit at the electronics shop of Bilal Ahmad and they used to keep on making strategies for spreading their clout in the village and they were jealous about the works being done in Gram Sabha by the complainant's son. When the complainant's son Mainuddin reached the Jan Seva Shop of the complainant's younger son- Nuruddin at about 08:30 on 17.06.2020, all the accused persons attacked him. Iqbal, Gulam Asgari and Khursheed Alam had fired gun-shots at him. When the complainant's other son- Mainuddin ran to save his brother, he was also shot at and thereafter all the accused persons beaten them up with sticks. Both the injured persons were taken to the District Hospital, Sultanpur where Mainuddin died and Nuruddin was referred to Medical College, Lucknow.

4. In the statement of the complainant- Mohd. Ramzan recorded by the Investigating Officer, he reiterated the FIR version.

5. In the statement of the injured Nuruddin recorded by the Investigating Officer, he did not mention the name of the revisionists. The revisionists were not named in the statements of some shopkeepers, who are mentioned as eye-witnesses of the incident.

6. After investigation, the Investigation Officer found that the allegations against the applicants and Ritesh Rana could not be established.

7. In the additional statement of the injured Nuruddin recorded by the Investigating Officer, he stated that the applicants and Ritesh Rana were not involved in the incident. His father had lodged the FIR but he was not present at the time of the incident. In the additional statement of the informant also, he stated that the revisionists and Ritesh Rana were not involved in the incident. After completing the investigation, the Investigating Officer submitted a charge-sheet dated 10.09.2020 against Iqbal Hussain @ Balu, Gulam Asgari, Khursheed Alam (sons of Zakir Hussain @ Zakku) and Zakir Hussain @ Zakku and the implication of Hashim, Bilal Ahmad, Akhlakh Ahmad, Shakeel Ahmad, Rohit Tewari and Ritesh Rana was found to be false.

8. The trial Court took congizance of the offence and summoned the accused persons against whom the charge-sheet has been filed.

9. After examination of PW-1 (the