Hardev Nisad vs State Of U.P. And Another
2022 Latest Caselaw 1378 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 509 of 2014
 

 
Revisionist :- Hardev Nisad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Dileep Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Brij Raj Singh,J.

Case called out.

None appeared for the revisionist to press this revision though Sri Ravish Chandra Mishra, A.G.A. is present.

The present revision has been filed against the judgment and order dated 19.08.2014 passed by Additional District & Session Judge, Court No. 8, Raebareli in S.T. 237 of 2011 (State of U.P. Vs. Brijesh Kumar @ Lalla) arising out of Case Crime No. 760 of 2011, under Sections 363, 366 and 376 I.P.C., Police Station Harchandrapur, District Raebareli, by which the revisionist has been summoned under Section 319 Cr.P.C. for the offence under Section 363 I.P.C. read with Section 114 of I.P.C.

The application under Section 319 Cr.P.C. has been allowed by the impugned order dated 19.08.2014. The statement of P.W.2, the prosecutrix was recorded in which she stated that the revisionist has committed the offence and he provided her money to run away from the place. It has further come on record that the revisionist was involved in assisting the crime and prosecutrix had run away with Brijesh Kumar and the revisionist had supported in the act of the commission of offence. On the basis of the said statement, the Court has summoned the revisionist as offence was made out against him. Once the prosecutrix had taken his name in the act of commission of offence, the Court below was justified in summoning the revisionist under Section 319 Cr.P.C.

The impugned order dated 19.08.2014 needs no interference.

Accordingly, the revision stands dismissed.

Order Date :- 25.4.2022

SA