SALEEM ALIAS KARIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ravindra Nath Rai, learned Counsel for the revisionist and learned A.G.A.

(2.) The instant revision is preferred against the order dated 16.5.2011 passed by Additional Sessions Judge, Court No. 1, Allahabad in Sessions Trial No. 485 of 2005 State v. Saleem @ Karia under Sections 363, 366 and 376 Indian Penal Code whereby Sri S.S. Upadhayay, the then A.C.J..M., Allahabad was summoned to give evidence to prove the statement of the victim Km. Shakuntala (since dead).

(3.) Though the impugned order is an interlocutory order and the revision against the same is not maintainable, but on the other hand, the Court finds that summoning of Judicial Officer in Court for the purposes of giving evidence to prove the statement recorded under Section 164 Code of Criminal Procedure is unwarranted.