RAMJI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and the learned A.G.A. for the respondent No.1 and perused the record.

(2.) This is an application under section 482 Cr.P.C. for quashing the order dated 06.04.2011 passed by Additional Sessions Judge, Court No. 3, Fatehpur in S.T. No. 315 of 2011 (State Vs. Julfikar and others).

(3.) Learned counsel for the applicant submitted that during the trial, the prosecution examined PW-1 Ramji Yadav and PW-2 Indrapal and on the basis of their statements, an application under section 319 Cr.P.C. was moved for summoning additional accused Jhuttu and Tahir against whom also evidence had been adduced during the trial but the learned trial court rejected the prayer on the ground that the story was concocted and the witnessses could not be permitted to set up a new story at the stage of trial. It was next submitted that the learned Additional Sessions Judge has made so many observations touching the merits of the case which would ultimately cause prejudice to the fair trial. Therefore, the learned trial court was not justified in making observations on merit.