Siddharth, J. - (1.) Heard Sri Syed Wajid Ali counsel for the revisionist, learned A.G.A. for opposite party no. 1 and Sri M.P. Tiwari learned counsel appearing on behalf of opposite party no. 2.
(2.) This criminal revision has been preferred against the judgment and order dated 25.06.2001 passed by Additional Sessions Judge (E.C. Act), Siddharth Nagar in Sessions Trial No. 52 of 2008, State v. Guddu @ Firoz, whereby the application of the prosecution under Section 319 Cr.P.C., 1973 has been allowed and the revisionist has been summoned by the trial court for facing trial.
(3.) The facts of the case are that a first information report was got registered by opposite party no. 2 with regard to an occurrence dated 12.06.2007 said to have taken place at 10:30 p.m regarding which F.I.R. was lodged on 12.06.2007 at about 23:45 hrs. as Case Crime No. 183 of 2007 under Section 307 IPC, P.S. Dumariaganj, District Siddharth Nagar. In the said FIR, the deponent has not been named as an accused. The entire allegations are against the named accuseds. The statement of injured was recorded on 18.06.2007. The investigation of the aforesaid case was conducted by the I.O. concerned, but, he did not find any material against the revisionist, therefore, no charge sheet was filed against him. The charge sheet dated 21.07.2007 was filed against Guddu @ Firoz Malik and Sita Ram @ Chulhai. In the charge-sheet it has been stated that these two persons came on motorcycle and accused, Guddu, fired upon the injured. Subsequently, investigation of the case was also conducted by S.I.S. The investigating officer of the S.I.S. recorded statement of the informant on 20.11.2007 and the statement of the injured was recorded on 10.03.2008 under Section 161 Cr.P.C., 1973 During the trial, the statement of PW-1 was recorded on 24.07.2008 and he was cross-examined on 30.08.2008. On the basis of evidence of the PW-1, the prosecution filed an application under Section 319 Cr.P.C., 1973 before the trial court which has been allowed by the impugned order whereby the revisionist has been summoned. ;