CHHEDA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A.

(2.) This petition has been filed challenging the order dated 16.05.2011.

(3.) I have perused the aforesaid order by means of which the application moved by the prosecution under Section 311 Cr.P.C. has been rejected by the trial court and the trial court recorded the finding that the re-examination of the Investigating Officer was not necessary in view of the fact that dying declaration has already been recorded. The purpose for which a request has been made is of no consequence as provided under law and the petitioner can prove the same on the basis of dying declaration. The summoning of the Investigating Officer as he recorded the statement of deceased, does not appear to be necessary. No case for interference is made out.