DHANNO DEVI Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Article 227 of the Constitution of India read with Section 482 Cr.P.C challenging the order dated 19.11.2007 passed by learned trial Court.

(2.) LEARNED trial Court in the impugned order has held that learned Metropolitan Magistrate has wrongly summoned the accused person u/s 319 Cr.P.C on the basis of testimony of PW 3 Mani Ram whose even examination- in-chief has not been completed. LEARNED ASJ in his order dated 19.11.2007 has observed as under:- In these circumstances, I feel learned trial Court has acted in a haste in summoning the accused under Section 319 <ACT>CODE OF CRIMINAL PROCEDURE, 1973</ACT> and for the said reason only, impugned order passed by learned trial Court summoning the petitioner as an accused under Section 319 <ACT>Cr.P.C.</ACT> is hereby quashed and learned trial Court is directed to complete the testimony of PW 3 Mani Ram and thereafter form a view whether petitioner accused Narender Gupta is at all required to be summoned.

(3.) IN view of above discussion, I therefore hold that there is no infirmity in the order passed by learned ASJ.