Bala Krishna Narayana, J. - (1.) Heard learned Counsel for the revisionists and learned A.G.A. for the State.
(2.) The present Criminal Revision has been filed for quashing the impugned order dated 16.10.2010 passed by Additional Sessions Judge/Fast Track Court No. 4, Badaun by which he allowed application 14 -Kha moved by the prosecution in Session Trial No. 958 of 2009 and summoned the revisionists for facing trial for the offences punishable under Sec. /, / and / I.P.C., Police Station Rajpura, District Badaun.
(3.) From the perusal of record, it appears that the revisionists had earlier filed Criminal Revision No. 3218 of 2010 against the order dated 23.07.10 passed by Additional Session Judge, Fast Track Court No. 4 Badaun in S.T. No. 958 of 2009, whereby the revisionists were summoned under Sec. Code of Criminal Procedure to face trial. Said revision was allowed by order dated 13.08.2010 on the ground that the Court below while summoning the applicants under Sec. Code of Criminal Procedure had failed to record his satisfaction that there exists a possibility that the accused so summoned, in all likelihood, would be convicted and remanded the matter back to the Additional Sessions Judge to decide under Sec. Code of Criminal Procedure in accordance with the Apex Court in the case of Mohd. Shafi v/s. Mohd Rafiq and Anr., LVIII (2007) ACC 254;