DOODH NATH LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for quashing the order dated 13-9-1979 of the Chief Judicial Magistrate, Azamgarh summoning the applicant Dudhnath Lal under section 319 CrPC for the purpose of committing him to the court of session in a case under sections 147/148/307/149 and 302 IPC. The applicant had filed a revision (Cr. Revision No. 141 of 1979) against that order. But that was dismissed by the Fourth Addl. Sessions Judge, Azamgarh.

(2.) THE facts of the case are that the police had submitted a final report against the applicant and Vishwanath Misra. In this case Dudhnath Lal was said to have used the licensed gun of his son. But that gun was sent to the ballistic expert along with the empty cartridge recovered from the place of occurrence for comparison and it was found that that; shot had not been fired from that very gun. THE police, therefore, submitted a final report against Dudhnath Lal applicant while submitting charge-sheet against some other persons named in the first information report,

(3.) IN the result the petition is allowed. The order dated 13-9-1979 passed by the learned Magistrate summoning Dudhnath Lal and Vishwanath Misra and the order dated 19-11-1979 passed by the Fourth Addl. Sessions Judge, Azamgarh confirming the order of the learned Magistrate are quashed. The learned Magistrate is directed to expedite the commitment proceedings. It is made clear that this order shall not be treated as a bar in summoning Dudhnath Lal and Vishwanath Misra under section 319 CrPC again during the trial according to law. Petition allowed.