Hon’ble U.C. Dhyani, J. (Oral)

1. Revisionist Davendra Singh alias Pintoo Baba filed this criminal revision for setting aside the impugned order dated 05.11.2012, passed by learned Additional Sessions Judge, Kashipur in Sessions Trial No. 60 of 2010, captioned as State vs. Dilbag Singh and others, arising out of first information report no. 349 of 2009, PS Bazpur, District Udham Singh Nagar under Sections 147/148/149/307/504/506 and 349 IPC.

2. The contention of the learned counsel for the revisionist is that summoning of an unknown person, named as Pooran Singh s/o Yara Singh by the Court below is improper. It is submitted that the person, who has been summoned as witness by the trial court is not mentioned as a witness in the charge-sheet. Statement of such a witness was not recorded by the Investigating Officer during the course of investigation. It is also submitted that the parentage of aforesaid Pooran Singh was not disclosed by the complainant in the first information report. In a nutshell, learned counsel for the revisionist argued that a stranger can not be a witness in a case. The whereabouts of such a witness were neither disclosed by the prosecution at the