LAWS(ALL)-2014-8-192

NEERAJ KUMAR SINGH Vs. STATE OF U.P.

Decided On August 04, 2014
Neeraj Kumar Singh Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This revision has been preferred against the order dated 3.7.2014 passed by the Additional Sessions Judge, Varanasi in S.T. No. 87 of 2014 dismissing the discharge application of the applicants under Section 227 Cr.P.C.

(2.) Brief facts are that the revisionist lodged a report against the opposite party and others in which opposite party no. 2 was in jail. From jail the opposite party no. 2 moved an application under Section 156(3) Cr.P.C. against which, after investigation, final report was submitted. The opposite party no. 2 filed a protest petition against the final report and the court below was pleased to summon the accused persons.

(3.) It has been argued that the court could not have summoned the accused under Section 307 I.P.C. as this is only a counter-blast and there was no injury.