MOHD ARIF Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners as well as Sri Rajendra Kumar Dwivedi, learned Additional Government Advocate.

(2.) The Petitioners have challenged the order dated 10th of November, 2010 passed by the Additional Sessions Judge, Sitapur in Sessions Trial No. 562 of 2006 on the ground that the order is absolutely without application of mind.

(3.) By means of order impugned, the Petitioners have been summoned for trial in exercise of power provided under Section 319 of the Code of Criminal Procedure. Though they were named along with other two accused, but after investigation police submitted charge-sheet only against other two accused namely Jiyaul son of Shaif Ali and Munnu son of Jiyaul, thus, the Petitioners were not charge-sheeted, but now they have been summoned for trial under the order impugned without application of mind.