ANAND MOHAN MISHRA ALIAS PINKU Vs. STATE

JUDGEMENT

(1.) Heard Dr.Salik Kumar Srivastava, learned counsel for the petitioner and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The petitioner has challenged the summoning order dated 8 th of April, 2011, issued by the Additional Sessions Judge, Hardoi in Sessions Trial No. 340 of 2010, arising out of case Crime No. 57 of 2010, under Sections 498-A, 304-B IPC and Dowry Prohibition Act, Police Station Sandila, district Hardoi, on the basis of statement of witnesses P.W.1 Arvind Kumar Shukla and P.W.-2 Natthu lal Shukla.

(3.) In brief, the facts of the case are that after registration of the First Information Report the case was investigated. After investigation, since no offence was found to have been committed by the petitioner, his name was excluded from the charge sheet. However, subsequently on the basis of statement of the aforesaid witnesses, recorded during the course of chief examination, the learned Sessions Judge being satisfied that the petitioner has also committed offence, as reported, he, in exercise of power provided under Section 319 of the Code of Criminal Procedure has summoned the petitioner for trial.