- (1.) This criminal revision has been preferred against the order dated 4.3.2015, passed by learned Chief Judicial Magistrate, Fatehpur in Case No. 799 of 2015, arising out of Case rime No. 67 of 2013 under Section 302 I.P.C., P.S. Lalauli, District Fatehpur, whereby learned Magistrate has summoned the revisionist for facing trial under Section 302 I.P.C. on the protest petition filed by the first informant.
(2.) The facts giving rise to this revision are that an F.I.R. was got lodged by the first informant Nafees stating that his father Rahees Ahmad was engaged in sale-purchase business of he- goats.In the night of 11.4.2013 he went to Bahuwa for purchase of he-goats and was returning to his village Dulapur on his motorcycle, when he reached Wahidapur, accused revisionists Mukeem, Rasheed and Mobeen who have enmity, commited murder of his father Rahees and put motorcycle on his dead body. In this regard the F.I.R. was registered at police station Lalauli being Case Crime No. 67 of 2013 under Section 302 I.P.C. Police investigated the matter and submitted final report. Against the final report the first informant-respondent no. 2 filed protest petition in which no evidence was lead and it was allowed on 4.3.2015.Rejecting the final report, accused-revisionists were summoned for facing the trial under Section 302 I.P.C, which is assailed in this revision.
(3.) I have heard learned counsel for the petitioner and learned A.G.A. for the State.;