LAWS(ALL)-2012-8-88

MADAN LAL Vs. STATE OF U P

Decided On August 08, 2012
MADAN LAL Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Dharmendra Singhal, Learned Counsel for the revisionist, Sri Akhilesh Srivastava, Learned Counsel for the persons sought to be added as accused and learned A.G.A. for the State.

(2.) Further reliance was placed on the judgment of the Apex Court in the case of Ram Pal Singh and others v. State of U.P. and another, 2009 4 SCC 423, where, in paragraph Nos. 18, 19 and 20, the Apex Court observed as under :

(3.) Reliance was also placed on the judgment of the Apex Court in the case of Sarojben Ashwinkumar Shah and others v. State of Gujarat and another, 2011 13 SCC 316, wherein in para 16 of the judgment, the Apex Court had given guidelines with regard to the manner in which the power under Section 319 Cr.P.C. is to be exercised. Paragraph 16 of the judgment of the Apex Court in the case of Sarojben Ashwinkumar Shah and others v. State of Gujarat and another , is being reproduced below :