SHAILENDRA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. R.P. Nautiyal, learned Sr. Advocate for the applicant on the urgency application.

(2.) Urgency application No. 209 of 2017 is allowed.

(3.) Initially, an FIR was lodged by one Smt. Chayya Devi, mother of the deceased, against four persons including the applicant. After investigation, charge-sheet was filed under sections 302, 506 read with 34 IPC and under section 30/27 of the Arms Act against three persons exonerating the applicant. During the course of trial, prosecution moved an application under Section 319 CrPC to summon the applicant. Learned trial Court allowed the application and summoned the applicant. Feeling aggrieved, applicant approached this Court challenging summoning order passed by the learned trial Court. This Court dismissed the petition filed by the applicant. Applicant challenged the order passed by this Court unsuccessfully before Hon'ble Apex Court. Now, the learned trial Court has issued non bailable warrant against the applicant, which is impugned in the present application.