- (1.) HEARD Shri Rajeev Kumar Mishra, learned counsel for the revisionists and Shri Sharad Dixit, learned AGA for the State respondent.
(2.) THIS criminal revision has been filed by Raksha Ram and Gudiya Devi challenging the order dated 14.11.2013 passed by the learned Sessions Judge, Balrampur in ST No.27 of 2013 arising out of case crime no.146 of 2013, under Sections 363, 366, 376 IPC, Police Station Sadulla Nagar, District Balrampur by which the application filed by the revisionists under Section 319 Cr.P.C. was partly allowed and application for summoning the accused persons, namely, Anoop Kumar Shukla, Ram Niranjan and Kapoor Chandra was rejected. Being aggrieved by the order of rejection of application for summoning Anoop Kumar Shukla, Ram Niranjan and Kapoor Chandra to face trial, this criminal revision has been filed.
(3.) AS per factual matrix of the case, FIR was lodged by Raksha Ram against Sheo Kumar alias Budhe Shukla, Raju Verma and Raju Badhai, under Sections 363, 366 IPC. During trial, the victim was examined and in her statement, she has named Raju Sharma, Ram Charitra, Ram Niranjan, Anoop Kumar Shukla and Kapoor Chandra. After her statement in the court, an application under Section 319 Cr.P.C. was moved for summoning Raju Badhai, Ram Charitra, Ram Niranjan, Anoop Kumar Shukla and Kapoor Chandra for facing trial. The learned Sessions Judge, after hearing the parties, summoned Raju Badhai and Ram Charitra to face trial, but application was rejected for Anoop Kumar Shukla, Ram Niranjan and Kapoor Chandra on the ground that their names did not find place either in the FIR or in the statement under Section 161 Cr.P.C. It was submitted by the learned counsel for the revisionists that the evidence, which is to be considered by the court while deciding application under Seciton 319 Cr.P.C., is the evidence in court, and only such evidence can be taken into account by the court to decide whether power under Section 319 Cr.P.C. is to be exercised or not. It was further submitted that when on the same set of evidence the court below has summoned Raju Bhadhai and Ram Charitra to face trial, then the court should have summoned Anoop Kumar Shukla, Ram Niranjan and Kapoor Chandra also.;