SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder-affidavit filed on behalf of the petitioners is taken on record.

(2.) This is a petition under Section 482 Cr.P.C. for quashing the order dated 25.11.2006 rendered by the learned Additional Sessions Judge, Court No. 6, Saharanpur in S.T. No. 347 of 2006 (State v. Narendra and others) whereby the learned Additional Sessions Judge, on perusal of the statement of the injured witness, has summoned the petitioner under Section 319 Cr.P.C.

(3.) The learned counsel for the petitioners submitted that the summoning order has been passed without providing any opportunity to the accused to make cross-examination of the injured, therefore, it was bad. In this regard learned counsel for the petitioners relied upon Mohd. Shafi v. Mohd. Rafiq and another,2007 2 JIC 490. In that case the Apex Court held that the summoning order without cross-examination would not be proper.