Manish Kumar Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 11

Case :- CRIMINAL REVISION No. - 1129 of 2024

Revisionist :- Manish Kumar Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another

Counsel for Revisionist :- Arunendra Mohan Shukla Counsel for Opposite Party :- G.A.

Hon'ble Abdul Moin,J.

1. Sri Rajeev Mishra, learned counsel, files Vakalatnama on behalf of respondent no.2, which is taken on record.

1. The revisionists have challenged the order dated 13.08.2024, a copy of which has been annexed with the revision, whereby upon an application under Section 319 Cr.P.C. being filed by the complainant the revisionists have been summoned for offences under Section 328, 302 and 506 IPC.

1. The legal argument as raised by the learned counsel for the revisionists is that other accused persons are being tried for offences under Section 328, 304 and 506 IPC and consequently in case the learned trial court was of the view that even the revisionists should be summoned consequently they could have only been summoned for the same offences for which the other accused are being tried as per the specific provisions of Section 319 Cr.P.C. i.e. for offences under Section 328, 304 and 506 IPC and not under Section 302 IPC as in the instant case.