- (1.) Heard Sri Shrawan Kumar Dubey, learned counsel for the revisionist and Sri Sanjay Tripathi, learned A.G.A. on behalf of the State.
(2.) This revision has been filed for setting aside the summoning order dated 08.06.2015 passed by Addl. Sessions Judge, Court No. 3, Firozabad in Session Trial No. 30 of 2006 (State Vs. Sripati and others), under Section 328, 302, 256, 257, 258, 259, 420, 467, 468 IPC and 60/64 of Excise Act, P.S. Nagla Khangar, district Firozabad as per provision of Section 319 Cr.P.C. against the revisionist.
(3.) The prosecution story as alleged in the first information report is that on 30.05.2006 the informant received an information in the morning that in village Nagla Dhuli, P.S. Nagla Khangar, District Firozabad there was a marriage of daughter of one Ram Khiladi on 28.05.2006 in which the in-laws of Ram Khiladi i.e. his father-in-law Ram Kishan and sons of Ram Kishan namely Virendra and Shiv Pal and nephew Manoj who were resident of village Tulhati, P.S. Kotwali, District Etah had come for performing some ceremony in the marriage. They had purchased some liquor from the shop of one Sripati son of Ram Kishan and Reshma, wife of Sripati situated in village Nagla Khangar. After consuming the said liquor which was purchased by them along with some other persons of the village, they fell ill and their condition deteriorated. While they were being medically treated and the persons who have consumed the liquor, some of them have also died out of which one Barrister so of Janak Singh resident of Maharaj ki Madahiya, Nagla Khangar, Firozabad died. On receiving the complete information it was found that Smt. Sanju was the licensee of the said liquor shop whose husband namely Avanendra Tomar used to prepare/manufacture the illegal and spurious liquors and used to sell it through Sripati and his wife Reshma. On the search/raid made at the shop of Sripati and his wife Reshma, liquor of Badshah brand was recovered and during the search some fake hologram was found on pouch of two quarters. The said spurious liquors were being sold by Avanendra Tomar through his salesman Rajesh Singh Tomar from his shop at village Nagla Khangar, Firozabad.;