Neami vs State of U.P.& Ors.

Krishna Kumar, J.

This revision has been filed against the order dated 2371999 whereby the learned lower Court summoned the revisionist under Section 319, Cr PC. From the order it is clear that the learned lower Court did not took into the record of the case rather passed order and allowed application only because no objection was filed by the opposite parties. It is stated that the objection could only be filed by the accused and could not be filed by the revisionist as they were to be summoned as they were only opposite parties. It was for the learned lower Court to look into the record of the case before summoning the revisionist. The learned Counsel for the revisionist brought attention to the statement of Km. Meera wherein she did not mention the name of the revisionist rather only stated that alongwith other named person, there was one more whose name was not known to her. The name of the applicant/revisionist was mentioned in the FIR, but it was not mentioned as to how she came to know his name. Sri Jogendra Singh brother of Km. Meera in his further statement on 1931999 stated that he did not know the name and therefore, he mentioned the name of Neami only because some persons were takin t his name. He also stated that he had seen Lie Neami and he was not present at the time of occurrence. The statement of Km. Meera was recorded under Section 164, Cr PC much after investigation started and she did not mention the name of Neami. Learned lower Court has also not mentioned in its order that whether the evidence of Km. Meera Singh has been completed. Unless testimony of Jogendra Singh was fully concluded, the revisionist could not have been summoned under Section 319, Cr PC. In the application moved by the prosecution only this much has been mentioned that name of the revisionist have been mentioned by Jogendra Singh in the Court. It is not mentioned that the evidence has been concluded. Considering all the facts, the lower Court committed illegality in summoning the revisionist and the order dated 2371999 is therefore, set aside. The revision is allowed.

Revision allowed.