Prempal Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC7 Jun 2024CRLR/654/2024

Case brief

AI extract

What is this about?

In Criminal Revision, the High Court admitted the plea assailing the rejection of an application under Section 319 Cr.P.C. issued to implead an accused. The revisionist is directed to issue notice to the State which must file objections within two weeks.

What did the court decide?

Revision admitted; notice issued to opposite party No.2 to file objections within two weeks.

Prempal Singh vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 11

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Case :- CRIMINAL REVISION No. - 654 of 2024 Revisionist :- Prempal Singh

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

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Counsel for Revisionist :- Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Kaushal Kishore Tewari, learned counsle for the revisionist and Shri Shawnak Singh, learned AGA-I for the State.

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By means of the instant revision, the revisionist is assailing the validity of an order dated 5.3.2024 passed by the learned Additional Session Judge, Court No.1, Lakhimpur Kheri in Session Trial No.657 of 2016 arising out of Case Crime No.180 of 2016 under Section 304, 323, 504 IPC registered at Police Station- Bhira, District- Kheri, whereby an application under Section 319 Cr.P.C. filed by the revisionist has been rejected.

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In the FIR lodged by the informant, he had stated that four persons- Vishambhar Singh, Kashi Singh, Pawan Singh and Prakash Singh had assaulted him with sticks and when Vinod Singh, Mahendra Pal Singh, Sawant Singh, Rinki Singh and Kusum Singh came to save him, they were also assaulted.

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The Investigating Officer had exonerated Vishambhar Singh while filing charge-sheet. During trial, the informant-revisionist got himself examined as PW-1 and he stated about involvement of Vishambhar Singh in commission of offence. A suggestion was given to him in his cross-examination, that Vishambhar Singh was not present in the village, which suggestion was denied by PW-1. PW-2 has also stated about the involvement of Vishambhar Singh in commission of the offence.

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Learned Additional Session Judge has rejected an application under Section 319 Cr.P.C., which was filed on the basis of the statements of PW-1 and PW-2 referred to above, stating that it is admitted that Vishambhar Singh was not present at time of occurrence.

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The statements of PW-1 and PW-2 indicate that none of them admitted that Vishambhar Singh was not present at the time of incident, rather they have stated about his presence and active involvement in commission of the offence.

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The matter requires detailed consideration.

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Admit.

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Issue notice to opposite party No.2, returnable at an early date.

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Learned counsel for the revisionist may take requisite steps in this regard within a period of three days.

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List in week commencing 15.7.2024 as fresh.

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The opposite parties may file objections within a period of two weeks.

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[Subhash Vidyarthi,J.]

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Order Date :- 7.6.2024

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Prempal Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Prempal Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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What did the court decide?

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