LAWS(ALL)-2011-9-108

VIJAY SHARMA Vs. STATE OF U P

Decided On September 02, 2011
VIJAY SHARMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned AGA for the State.

(2.) THE instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 2.5.2011 passed by the Addl. Sessions Judge, Court No. 2, Etawah in ST. No. 271 of 2005 (State v. Vijay Sharma and others), under Sections 498A, 304B IPC and D.P. Act, P.S. Bakewar, District- Etawah, whereby the application to summon 19 defence witnesses mentioned in the application, were directed to be issued dasti to the accused applicant and learned Trial Judge refused service of summons through police.

(3.) IN these circumstances, the application is allowed and the order dated 2.5.2011 is set aside. The applicants are directed to furnish before the trial Court a summary of the facts, these 19 witnesses are supposed to depose before the trial Court and on the basis of such summary, the trial Court shall decide as to which of the witnesses are relevant for decision of the case and summons shall be issued by the trial Court through agency of police and the case shall thereafter be decided in accordance with law.