SUDHIR KUMAR SAXENA,J. - (1.) THIS criminal revision under Section 397 read with Section 401 Cr.P.C. has been filed against the order dated 11.5.2006 passed by Additional Sessions Judge, Court No.11 in S.T.No. 1824 of 2000, State v. Brijendra Kumar Sonkar and others, under Sections 498A, 304-B IPC read with Section ¾ D.P.Act, P.S.Ghazipur, district Lucknow.
(2.) HEARD Sri Arun Sinha for revisionists and Sri K.K.Srivastava for informant and Additional Government Advocate for the State. Before adverting to the facts in detail, it is important to mention that revisionists who are accused in case under Sections 498A, 304-B IPC and ¾ D.P.Act moved an application under Section 311 Cr.P.C. for summoning the necessary answer-books written by the deceased Smt. Geeta while appearing in the examination of M.A. II year (Sociology) from Lucknow University as well as for summoning concerned persons of Indira Diagnostic Centre and Blood Bank situated at Faizabad Road, Lucknow for proving medical and pathological reports. The trial court vide order dated 11.5.2006 ordered that application will be decided along with the trial itself. This very order has been impugned in the instant revision and, in the revision, one of the prayers was that the trial court may be directed to decide the application moved under Section 311 Cr.P.C. on merits.
(3.) DURING the pendency of the revision, the trial court decided the application under Section 311 Cr.P.C. vide order dated 8.2.2007 rejecting the same on merits. By means of supplementary affidavit, this order was brought on record and has been challenged on merits. Thus, this revision after having been heard at length, was admitted on 26.3.2007 and delivery of judgment was stayed.;