RAM CHARAN GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of the applicant is taken on record. Heard Sri Gaurav Kakkar for the applicant and the learned AGA and perused the record.

(2.) This is a petition under Sec. 482 of the Code of Criminal Procedure (in short "the Code") for quashing the order dated 5.9.2007 passed by the Additional Sessions Judge, Fast Track Court No. 18, Bulandshahr in Sessions Trial No. 722 of 2007 (State v/s. Manoj) arising out of Case Crime No. C -27 of 2004, under Sec. 306 IPC, P.S. Debai, District Bulandshahr whereby the learned Additional Sessions Judge rejected the applicant's application under Sec. 319 of the Code for summoning additional accused.

(3.) In Sessions Trial No. 722 of 2007, one Manoj, is the accused under Sec. 306 IPC, which is pending in the Court of the Additional Sessions Judge, Fast Track Court No. 18, Bulandshahr. During the trial the statement of P.W. -1, Ram Chandra Gupta was recorded. After that, the applicant moved an application under Sec. 319 of the Code for summoning the additional accused Pankaj and others. The learned Additional Sessions Judge found that the evidence of Ram Chandra Gupta was not of such a quality as to justify summoning of the additional accused under Sec. 319 of the Code and accordingly rejected the application under Sec. 319 of the Code.