Rajul Bhargava, J. - (1.) Heard Sri Amit Rana, learned counsel for the revisionists, Sri Mohammad Belal, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.
(2.) This criminal revision has been filed for quashing the order dated 12.2.2018 passed by Additional District and Sessions Judge, Fast Track Court-II, Hapur in S.T. No.276 of 2017 (State Versus Tarannum) arising out of Case Crime No.0165 of 2017, under Section 302 I.P.C., P.S. Shimbhawali, District Hapur, whereby the revisionists have been summoned to face trial under Section 302/34 I.P.C. in exercise of powers under Section 319 Cr.P.C.
(3.) It is argued by the learned counsel for the revisionists that the revisionists have been falsely implicated by opposite party no.2, though on the date of incident they were not present at the spot. During investigation it was found that they were present elsewhere and on the ground of alibi the Investigating Officer exonerated them and did not submit charge sheet against them. Learned counsel for the revisionists have further submitted that though the present case is a murder case and role has been attributed to the revisionists but since during investigation their complicity was not found, therefore, in view of the law laid down by Hon'ble Apex rendered in the case of Brijendra Singh and others Versus State of Rajasthan, 2017 7 SCC 706, the summoning order passed by the court below is untenable.;