KULWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Dr. Salil Kumar Srivastava, learned Counsel for the Petitioner, Mr. R.K. Singh, learned Counsel for opposite party No. 2 and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The Petitioner has challenged the order dated 11th of February, 2011, passed by the learned Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 297 of 2008, on the application moved under Section 319 of the Code of Criminal Procedure. By means of order impugned, on the basis of statement of P.W.1 Harjinder Singh (complainant) and P. W.2 Jeet Singh (injured witness), the Petitioner, in exercise of power provided under Section 319 of the Code of Criminal Procedure, has been summoned for trial and the case of trial has been separated from other co-accused.

(3.) The Petitioner has challenged the order mainly on the ground that the learned Trial Court has not recorded any finding to the effect that on the basis of evidence on record there is possibility of conviction of Petitioner. It is stated that in absence of any such finding, the order passed by the learned Trial Court is unsustainable in the eye of law. In support of his submission he cited the following cases decided by this Court as well as by the Hon'ble Supreme Court: