DINESH CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Prem Prakash, learned Counsel for the applicant and the learned AGA for the Respondent and perused the record.

(2.) This is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing the order dated 5.3.2011 rendered by Additional Sessions Judge, Court No. 2, Kaushambi in sessions trial No. 210 of 2007, arising out of crime No. 222 of 2006, under Sections 218, 219, 466, 194 and 120-B IPC, police station Manjhanpur, district Kaushambi.

(3.) It appears that in the aforesaid sessions trial, the applicant, who is an accused, moved an application at the stage of defence evidence to summon the inquiry report held against him on administrative side and also to summon Hon'ble Ashok Srivastava, J. (the then District and Sessions Judge, Kaushambi) for proving the inquiry report but in the last the applicant changed the second request and moved an application for appointment of Commissioner to examine Hon'ble Ashok Srivastava, J. The learned Additional Sessions Judge rejected the application on the ground that the prayer was misconceived and was not necessary for proper decision of the case.