plea of alibi in crl revision against summoning order

vinod bansal (Querist) 24 April 2010 This query is : Resolved
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I am representing the complainant in a crl revision against summoning order of magistrate,accused has taken a ground in their revision for setting aside order of summoning on the ground that he was not present at the spot at the time of occurrence rather he was on duty in a bank at that time.There is numerous citations in which courts time and again held that plea of alibi cannot be taken at the stage of revision against summoning order,but presently not a single is available with me.Kindly provide me.Thanx n Regards

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Kiran Kumar (Expert) 25 April 2010
Vinod ji otherwise also plea of alibi implies a particular fact has to be proved.

and this fact has to be proved by way of some cogent evidence, merely because an accused says in Revision petition that he was not present at a particular place at the time of commission of offence, will not lead to quashing of summoning order.

even if you dont have supporting judgment, the Sessions judge will not accept his plea.