MANOJ AND ANOTHER Vs. STATE OF U.P.
LAWS(ALL)-2019-12-283
HIGH COURT OF ALLAHABAD
Decided on December 16,2019

Manoj And Another Appellant
VERSUS
STATE OF U.P. Respondents


Referred Judgements :-

HARDEEP SINGH VS. STATE OF PUNJAB [REFERRED TO]
BRIJENDRA SINGH VS. STATE OF RAJASTHAN [REFERRED TO]


JUDGEMENT

- (1.)Heard Sri Vimlendu Tripathi and Sri Rajesh Kumar Mishra, counsel for the revisionists and learned AGA.
(2.)The present criminal revision has been filed against the impugned judgment and order dated 4. 10. 2019 passed by learned Additional District and Session Judge, Hapur on the application filed by opposite party no. 2 u/s 319 Cr. P. C . in Special Session Trial no. 45 of 2016 ( State vs. Joni ) arising out of Case Crime no. 120 of 2016, u/s 363, 366, 376 IPC , and Section 3/4 POCSO Act, P. S. Babugarh, District Hapur.
(3.)The breif background of the case is that the revisionists were summoned u/s 319 Cr. P. C . vide order dated 13. 12. 2018 on the basis of statement of prosecutrix recorded during trial in which she has levelled allegation of gang rape against the revisionists and the said order was challenged by the revisionists in Criminal Revision no. 459 of 2019. The coordinate Bench of this Court quashed the order dated 13. 12. 2018 and remanded the matter back for fresh consideration after affording opportunity of hearing to both the parties strictly in the light of ratio laid down in Hardeep Singh's case etc. within a period of eight weeks. The order passed by the Court is as under:-
"Heard learned counsel for the revisionists and learned AGA for the State.



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