The Honble Court allowed the criminal revision and quashed the impugned order summoning the petitioner, relying on the reasoning of a prior decision quashing the same order against other accused persons.
Quashed the order dated 05.02.2019 summoning the revisionist and remanded the matter for reconsideration of the entire issue.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 1012 of 2019
Revisionist :- Pinki Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
The revisionist Pinki was summoned by the learned Sessions Judge, Firozabad in exercise of power conferred under section 319 Cr.P.C. Vide order dated 05.02.2019.
I have keenly perused the order passed by learned Sessions Judge who by allowing the application 14-B has called upon Ram Niwas @ Pole (Jeth), Bhagwan Das @ Pandit (Jeth),Omkar @ Lalai (Devar) and Pinki (Nanad) to face the Sessions Trial No. 197 of 2018 State Vs. Anil Kumar and others) pending in the court of learned Sessions Judge, Firozabad.
Since the Criminal Revision No. 1008 of 2019 preferred by Ram Niwas @ Pole and others was decided on 26.03.2019 by a detailed order, quashing the order dated 05.02.2019 and remanding the matter back for reconsidering the entire issue in the light of judgement of Hon'ble Apex Court. In the present case, by the same impugned judgement passed by learned Sessions Judge, Firozabad mentioning the same reasoning, the revisionist was also summoned on the same day.
I hereby quash the order dated 05.02.2019 passed by learned trial court and remanded back the matter for reconsideration of the entire issue after mentioning the same reasoning as given in Criminal Revision No. 1008 of 2019 Ram Niwas @ Pole and others Vs. State of U.P. and another).
Accordingly, this criminal revision is hereby allowed/ disposed off.
Order Date :- 26.3.2019
RPD
1 issue framed by the court
Whether the order summoning the revisionist under Section 319 Cr.P.C. stands to be quashed in light of Super Court J judgment?
Pinki
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
