1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 57 of 2009 1. Smt Sanno W/O Rahees 2. Rahees S/O Sita Both R/O Kasba Nagal District Saharanpur ………………………. Revisionists. Versus 1. State of Uttarakhand 2. Samshad S/O Hameed. R/O Village Manakmajra P.S Bhagwanpur District Haridwar …………..Respondents Shri Sanjeev Singh, Advocate, present for the revisionists Smt Mamta Bisht A.G.A with Shri M.A.Khan, Brief Holder, present for the State Hon’ble Prafulla C. Pant, J. This is delay condonation application No. 432 of 2004 for condonation of delay in filing the revision. Heard and perused the affidavit filed by revisionist no.2 Rahees. The application is allowed. Delay in filing the revision is condoned. (2) Also,heard as admission of the revision. (3) This revision is directed against the order dated 26.08.2008, passed by IIIrd Fast Track Court/Additional Sessions Judge, Haridwar, in Sessions Trial No. 85 of 2007, whereby said court has summoned the revisionists under section 319 of Cr.P.C to face the trial. (4) Brief facts of the case are that a first information report was lodged by complainant Shamshad (since deceased) against accused Mehtab, relating to offence punishable under 2 section 363 I.P.C with Police Station, Bhagwanpur alleging that his daughter parveen has been kidnapped by the accused Mehtab. After investigation, a charge sheet is filed against Mehtab who is already facing the trial. It appears that prosecution got examined Smt. Samshina(mother of the victim) as witness. She appears to have given a hearsay evidence that after his daughter was abducted by the accused Mehtab, Parveen was taken to Nagal. By aforesaid witness this much is stated againt the petitioners Shanno and Rahees (who are brother and sister) that Mehtab told them that he has got married to Parveen on which they (petitioners) told Mehtab to take the girl to Shimla. (5) This court is at loss to understand as to how on the basis of above evidence the trial court has summoned the petitioners to face the trial, in respect of offences punishable under section 363, 366, 376 I.P.C. The order dated 26.08.2008 passed by the trial court, summoning the petitioners under sectin 319 of Cr.P.C is liable to be set aside. (6) Therefore, this revision is allowed. The impugned order dated 26.08.2008 passed by IIIrd Fast Track Court/Additional Sessions Judge, Haridwar, in Sessions Trial No. 85 of 2007, State vs. Mehtab is hereby set aside. It is clarified that trial against Mehtab shall proceed further. (Urgency application No. 1494 of 2010, also stands disposed of ). (Prafulla C. Pant, J.) Dt.28.04.2010 NP 3