- (1.) Heard Sri Rajiv Lochan Shukla, learned Senior counsel assisted by Sri Ravi Kant Shukla, appearing for the revisionists, Sri I.K. Chaturvedi, learned Senior counsel assisted by Sri Pawan Kumar Mishra, appearing for the opposite party no.2, the learned A.G.A. for the State and also perused the record.
(2.) This revision has been filed by the revisionist, Manidhar Mishra and Gangadhar Mishra @ Ankur Mishra against the judgement and order dated 05.09.2019 passed by learned Sessions Judge, Basti on the application ( Paper No.77Kha ) moved by opposite party no.2 Pradeep Kumar Tiwari in S.T. No. 211 of 2016 ( State Vs. Roop Narayan Giri ) in Case Crime No. 0568 of 2016 under section 302 I.P.C., Police Station Captainganj, District Basti.
(3.) Submission of the learned counsel for the revisionist is that initially an application was moved from the side of prosecution under section 319 Cr.P.C. and the learned Sessions Judge, Basti passed an order dated 28.10.2017 by which he rejected the application.;