- (1.)Heard parties' counsel at length and perused the record.
(2.)This revision challenges the order dated 15.7.2013 passed by Addl. C.J.M. Court no. 9, Allahabad in Application no. 42/XII of 2013 Vakil Ahmad Vs. Gabbar Yadav and others, whereby the application filed by the revisionist u/s 156 (3) had been rejected.
(3.)Facts germane to the revision that on 13.8.2006 at about 3.35 p.m. opposite party no. 2 submitted a written report in P. S. Rajapur District Chittrakoot alleging that his son on 12.8.2006 was talking with Ghanshyam Dwivedi at the betel shop situated at the gate of the Hospital and he himself was also there. At about 5.00 p.m. on one motor cycle Ram Charit Pandey, Ramraj Mishra and Mukesh Kumar and on the other Deepu Mishra and Baccha Agarwal @ Subhash came there. Ramraj and Mukesh were having rifles and Ram Charit was driving the motor cycle and Deepu Mishra had a rifle and Bachcha Agarwal was armed with country made pistol came and Ramraj fired three shots from his rifle, one of the shot hit his son on the stomach, who was admitted in Rajapur hospital but the doctors referred him for Allahabad and he died on way to Allahabad. The police investigation culminated in charge-sheet only against Ramraj Mishra and Ram Charit Pandey. During trial statements of complainant as PW-1 and eye witness Ghanshyam Dwivedi were recorded. On 18.5.2013 the Senior Prosecution Officer filed an application for summoning the revisionists and Bachcha Agarwal stating that their complicity in the crime has been found in the testimony of witnesses of fact, and if their statements remained uncontroverted then they can also be convicted with other coaccused. The trial Court after hearing, allowed the application through impugned order. Aggrieved, the revisionists have come up in revision.