ALOK KUMAR MUKHERJEE, J. - (1.) This Criminal Revision has been preferred against the order dated 25.11.2005 passed by the Additional Session Judge/F.T.C., Court No.3, Mirzapur in S.T. No. 134 of 2005 (State Vs. Jai Prakash and others) under Sections 307, 323, 325, 504 I.P.C., P.S. Adalhat, District Mirzapur, whereby the learned trial court has allowed the application 9-Kha, moved by the informant Anand Kumar Singh for summoning the revisionists-accused persons for trial along with the charge sheeted accused persons.
(2.) Brief facts narrated in the application 9-Kha, is that there are two cross cases between the parties bearing Crime Nos. 327 of 2004 and 327-A of 2004 out of which in the present case in question, i.e., in Crime No. 327 of 2004, seven accused persons were named in the FIR by the informant/applicant but after investigation the I.O. has filed chargesheet only against three accused persons, despite there being ample evidence before the Investigating Officer. Hence, the opposite party no.2/informant had moved this application in question before the trial court at the stage of prosecution evidence.
(3.) Thereafter, by the impugned order, the learned Additional Session Judge, on the basis of the evidence collected during the investigation of the case, the FIR, X-ray report, injury reports of the injured and after hearing the parties had allowed the application in question and summoned the remaining accused persons/revisionists named in the FIR for trial along with the charge sheeted accused persons.;