SAUMITRA DAYAL SINGH,J. - (1.) Heard Sri Ved Mani Sharma, learned counsel for the applicants, Sri Bhaskar Bhadra, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
(2.) The present criminal revision has been filed to quash the impugned order dated 29.08.2018 passed by the learned Addl. Sessions Judge, Court No. 11, Bareilly in Session Trial No. 489 of 2016 (State vs. Asgar Ali @ Azgar) allowing the application of complainant under Section 319 Cr.P.C., 1973 and summoning the accused/present applicants to face trial under Sections-147, 148, 149, 307 I.P.C., arising out of Case Crime No. 92 of 2015, Police Station-Bhamora, District-Bareilly.
(3.) Learned counsel for the applicants submits that despite earlier order of this Court by which, similar summoning of the present applicants had been set aside, the learned Court below has committed the same error and has again passed an erroneous order inasmuch as instead of recording a strong satisfaction solely on the basis of evidence that may have been led before it, it has now passed the order on the basis of an appraisal of the case diary material as also the evidence received before it.;