Advocates:
['SHYAM LAL', '', 'ABHILASHA SINGH', 'ASHUTOSH YADAV', 'G A', '', 'ARPIT AGARWAL', 'NASIRA ADIL', 'SADAFUL ISLAM JAFRI', 'SURESH KUMAR GUPTA', 'VAISHALI SAHU', 'MANAS BHARGAVA', 'VIJAY KUMAR RATHI']

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Reserved On : 08.09.2021

Delivered On :25.10.2021

Court No. - 38

Case :- CRIMINAL REVISION No. - 1919 of 2017

Revisionist :- Raja Ram Verma

Opposite Party :- The State Of U.P. And 18 Others

Counsel for Revisionist :- Shyam Lal,Abhilasha Singh,Ashutosh

Yadav

Counsel for Opposite Party :- G.A.,Manas Bhargava,Vaishali

Sahu,Vijay Kumar Rathi

Hon'ble Rajeev Misra,J.

1. Heard Mr. Abhilash Singh, learned counsel for revisionist and learned

A.G.A. for State. No one appeared on behalf of opposite parties-2 to 18

even in the revised call.

2. Perused the record.

3. This Criminal Revision under Section 397/401 Cr.P.C. has been filed

challenging order dated 08.05.2017 passed by Civil Judge (Junior

Division) F.T.C., Kanpur Nagar in Case No.1926 of 2014, (State Vs.

Raja Ram Verma and Others), under Sections- 420, 467, 468, 471, 120B

I.P.C., Police Station- Kotwali, District- Kanpur Nagar.

4. Record shows that revisionist- Raja Ram Verma, lodged an F.I.R.

dated 01.06.2010 which was registered as Case Crime No.237 of 2010,

under Sections- 420, 467, 468, 471, 120B I.P.C., Police Station- Kotwali,

District- Kanpur Nagar. In the aforesaid F.I.R., 18 persons, namely, Raj

Bahadur, son of Bhola, Raj Narayan, Ram Chandra, Aniruddh,

Raghvendra Singh, Devendra Dwivedi, Jaspreet Singh, Durgesh Kumar

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Sharma, Sone Mishra, Bhagwandeen, Vivek Dwivedi, Brijesh, Uday

Singh, Ravindra, Shri Ram Shastri, Ram Khilawan and Ashok Kumar

have been nominated as named accused.

5. After registration of afore-mentioned F.I.R., Investigating Officer

proceeded with statutory investigation of concerned case crime number

in terms of Chapter XII Cr.P.C. Investigating Officer examined first

informant and other witnesses in terms of Section 161 Cr.P.C. On the

basis of above and other material collected by Investigating Officer

during course of investigation, he opined to submit a charge-sheet but

only against few of the named accused. According to Investigating

Officer, complicity of other accused was not found to be established in

the crime in question during course of investigation. Accordingly,

Investigating Officer submitted charge-sheet dated 04.02.2011, whereby

only three of the named accused, namely, Raj Bahadur, Ram Narayan

and Ram Chandra have been charge-sheeted.

6. After submission of afore-mentioned charge-sheet, cognizance was

taken upon same by Special Chief Judicial Magistrate, Kanpur Nagar

vide Cognizance Taking Order dated 05.04.2011. As a result of aforesaid

Criminal Case No.1926 of 2014, (State Vs. Raja Ram Verma and Others)

came to be registered.

7. Trial commenced. Charges were framed against charge-sheeted

accused, who denied the same and demanded trial. Consequently,

prosecution in support of its case adduced oral evidence by producing

various prosecution witnesses.

8. After depositions of P.W.1- Raja Ram Verma, P.W.2- Naveen Kishore

Dixit, P.W.3- Ram Vilas, P.W.4- Rameshwar and P.W.5- Ram Manohar

had been recorded prosecution filed an application dated 22.01.2016

praying therein that since complicity of other named accused is also

established in the crime in question, therefore, they be also summoned to

face trial in above-mentioned criminal case.

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9. Court below by means of order dated 08.05.2017, rejected the

application under Section 319 Cr.P.C., filed by prosecution.

10. Feeling aggrieved by order dated 08.05.2017, revisionist, who is first

informant/opposite party-2 has now approached this Court by means of

present criminal revision.

11. Learned counsel for revisionist contends that order impugned in

present criminal revision is manifestly illegal and without jurisdiction.

Court below has erred in law and fact in rejecting the application under

Section 319 Cr.P.C. filed by prosecution for summoning of other named

accused to face trial in above-mentioned criminal case. Learned counsel

for revisionist further submits that as per deposit