SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. K.K. Dwivedi for the petitioner and learned AGA for the State and perused the record.

(2.) With the consent of the learned counsel for the petitioner and the learned AGA, the petition is being disposed of finally at the stage of admission.

(3.) Mr. K.K. Dwivedi appearing for the petitioner submitted that in S.T. No. 526 of 2010, pending in the Court of Additional Sessions Judge, Court No. 8, Agra, prosecution evidence closed and the trial reached at the stage of Section 313 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and this is evident from the order sheet dated 11.5.2011 but on the next date 18.5.2011 the learned Additional Sessions Judge, without any request, summoned the witnesses Prem Singh and Ram Ji Lal and posted the case for further evidence without indicating any reason as to whether the statements of aforesaid two persons were necessary for dispensation of justice or not. Mr. Dwivedi next submitted that after passing of the aforesaid order the case proceeded in the trial Court. The petitioner moved transfer application in the Court of Sessions Judge as also in this Court but both the transfer applications were dismissed. On 30.5.2011, the A.D.G.C. (Criminal) made an endorsement on the order sheet that no other witness was to be examined in the trial, even then, the matter is proceeding for the prosecution evidence. Mr. Dwivedi lastly submitted that the aforesaid witnesses Prem Singh and Ram Ji Lal were neither named in the FIR nor were cited in the charge-sheet, therefore, learned trial Court was not justified in issuing processes to them.