JUDGEMENT
VIJAY LAKSHMI,J. -
(1.) The instant revision has been preferred against the order dated 27.5.2016 passed by learned Additional Sessions Judge
(F.T.C.), Pilibhit in S.T. No. 178 of 2015 (State v. Adarsh Kumar and
others) whereby the learned Additional Sessions Judge while allowing the
application moved by the prosecution under Section 319 Cr.P.C. has
summoned the revisionists to face trial under Sections 363 and 366 I.P.C.
along with other co-accused persons.
(2.) Heard learned counsel for the revisionists as well as learned A.G.A. on the point of admission and perused the record.
(3.) The submissions of learned counsel for the revisionist are that the court below has summoned the revisionists in a routine manner without
application of its judicial mind. It has been next contended that the
court below has not considered that there was no clinching and cogent
evidence against the revisionists and only an observation that the
revisionists have been found involved in the occurrence is not at all
sufficient to invoke the extra ordinary power conferred under Section 319
Cr.P.C. Learned counsel for the revisionists has submitted that the Apex
Court in a catena of judgments has repeatedly held that the summoning
under Section 319 Cr.P.C. stands on a different footing and it should be
dealt with the higher standards by the courts, sparingly and only if,
compelling reasons exist for taking cognizance against the person other
than accused.;
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