Advocates:
['HEMENDRA PRATAP SINGH', '', 'ANSHU SINGH', 'G A', '', 'ANKIT AGARVAL']

Reserved

Court No. - 87

Case :- CRIMINAL REVISION No. - 1177 of 2022

Revisionist :- Virendra And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Hemendra Pratap Singh,Anshu

Singh

Counsel for Opposite Party :- G.A.,Ankit Agarval

Hon'ble Shekhar Kumar Yadav,J.

1.

Heard Mr H. P. Singh, learned counsel for the revisionists,

Mr Ankit Agarwal, learned counsel for the private respondent

no. 2 and learned AGA for the State.

2.

This criminal revision is directed against the order dated

7.1.2022 passed by learned Addl. Sessions Judge/Fast Track

Court No. 2, Gautambudh Nagar in Sessions Trial No 124 of

2018 arising out of Case Crime No. 155 of 2017, under

Sections 323, 324, 325 308 IPC, P.S. Rabupura, District

Gautambudh Nagar, whereby the application under Section 319

Cr.P.C. filed by the opposite party no. 2 was allowed and the

revisionists have been summoned to face trail under Sections

323, 324, 325 308 IPC.

3.

In short, the prosecution story as narrated in the FIR is

that on 16.07.2017 at about 5.00 p.m. when her husband was

not at home and her in-laws were busy at field at that time one

Mohit son of Pappu of her village entered in her house and

caught her and torn her clothes and attempted to commit rape

upon her and thereafter she raised alarm and hearing her cries

Manish, Harpal, Saurabh and her husband reached on the spot

and they apprehended accused and when they were about to

took him to police station at that time Virendra, Pappu,

Surendra, Amit and Sumit armed with lathi-danda, sharp

edged weapons and country made pistols reached on the spot

and caught her husband, Saurabh and Manish with an

intervention to kill them; and in the scuffle Saurabh and Harpal

sustained serious injuries. The FIR was registered against

seven accused persons vide Case Crime No. 155 of 2017 at

P.S. Rabupura, District Gautambudh Nagar.

4.

The investigating Officer after collecting material evidence

and recording the statement of the victim/opposite party no. 2

under Section 161 & 164 Cr.P.C. submitted charge sheet only

against accused Mohit, Amit and Devraj Singh @ Pappu under

Sections 323, 324, 325, 308 IPC and exonerated the names of

the revisionists upon which cognizance was taken by the

learned Magistrate. The case being triable by Sessions was

committed to the Court of Sessions where it was numbered as

Sessions Trial No. 124 of 2018 (State Vs Mohit and others).

The court below framed charges against the charge sheeted

persons vide order dated 11.1.2019.

5.

During course of trial, the victim was examined as P.W.-1

and in her deposition recorded before the court below, she has

narrated the same facts as narrated in the FIR and in her

statements under Sections 161 & 164 Cr.P.C. Thereafter,

opposite party no. 2 is said to have moved an application under

Section 319 Cr.P.C. before the trial court for summoning the

revisionists, which was rejected by the court below vide order

dated 9.8.2019. Aggrieved by the said order, opposite party no.

2 filed criminal revision before this Court being Criminal

Revision No. 3753 of 2019 challenging the said order of

rejection under Section 319 Cr.P.C. and this Court vide order

dated 26.11.2021 allowed the criminal revision and remitted the

matter back to the trial court for considering the application of

the opposite party no. 2 afresh. Trial court vide order impugned

2 of 6

summoned the revisionists to face the trial. It is this order which

is subject matter of challenge before this Court.

6.

It is contended by learned counsel for the revisionists that

the revisionists are not having any criminal history and they are

not previous convict. It is further submitted that the revisionists

no. 1 & 2 are aged more than 72 years of old and infirm and

their participation in the crime is highly improbable, thus making

entire prosecution case as vague and concocted. It is further

contended that even if