- (1.) This revision has been filed against the order dated 11-04-2011 passed by Additional Sessions Judge, FTC, Court No. 6, in ST No. 515/ 2009 State Vs. Gaurav & others by which application 35-Kha under section 319 CrPC summoning one Ravi Agarwal as accused was allowed.
(2.) During trial of S.T. No. 515 of 2009, after framing of the charge, the prosecution side had examined five witnesses, namely, PW- Ashok Kumar, PW- 2 Damodar Prasad, PW-3 Naresh Kumar Sharma, PW-4 Babu Lal Sharma and PW-5 S.I. Charan Singh. After that prosecution side had moved application 35- Kha under Section 319 Cr.P.C. With prayer that from the evidences adduced , the name of Ravi Agarwal has surfaced also present who had conspired with the accused persons and threatened to murder. Therefore, in the light of statement given by aforesaid examined witnesses in the trial for the offence punishable under Section 120B, 506 and 307 IPC.
(3.) After hearing the parties learned Additional Sessions Judge had allowed application 35-Kha by its order dated 11-04-2011, against which present revision has been preferred.;