MANOJ KUMAR SHAHI S/O SHRI VYAS MUNI SHAHI Vs. S K SHAHI
LAWS(UTN)-2012-8-10
HIGH COURT OF UTTARAKHAND
Decided on August 08,2012

MANOJ KUMAR SHAHI S/O SHRI VYAS MUNI SHAHI,SARITA W/O MANOJ KUMAR SHAHI R/O VILLAGE SISAIYA, P.S.KHATIMA, DISTRICT UDHAM SINGH NAGAR,MALA W/O SAKET KUMAR SHAHI, R/O VILLAGE JHANKAIYA, P.S. NANAKMATTA, DISTRICT UDHAM SINGH NAGAR,PARESH S/O SHRI RANJIT, R/O VILLAGE CHOTI BAHULIA, P.S. KHATIMA, DISTRICT UDHAM SINGH NAGAR.,KANIYA S/O SHRI KAILASH R/O VILLAGE SISAIYA, P.S.KHATIMA, DISTRICT UDHAM SINGH NAGAR. Appellant
VERSUS
S K SHAHI,STATE OF UTTARAKHAND. Respondents

JUDGEMENT

HONBLE PRAFULLA C.PANT, J. - (1.) THE amendment sought in the petition is allowed. Amendment incorporated. Learned counsel for the petitioners states that copy of the amended petition has been supplied to the State of Uttarakhand, after impleading it as a party.
(2.) HEARD. By means of this petition, moved under Section 482 of Cr.P.C., the petitioners have sought quashing of the order dated 06.06.2012, passed by Sessions Judge, Udham Singh Nagar, in Criminal Revision No. 80 of 2012, whereby said court has allowed the revision and further allowed the application under Section 319 of Cr.P.C., moved on behalf of the State before the trial court for summoning the petitioners.
(3.) LEARNED counsel for the petitioners pleaded that the powers under Section 319 of Cr.P.C., cannot be exercised lightly. It is further submitted that the revision was not maintainable against interlocutory order passed by the Magistrate. It is also argued that by abusing the provisions of Section 156 (3) of Cr.P.C., the complainant named as many as seven persons as accused, but after investigation, charge sheet was filed only against the three persons, who are facing the trial. It is further submitted that there was no evidence, as against the present petitioners No.2 to 5, and the revisional court as erred in law in directing the trial court to summon them as accused.;


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