BHUDEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Learned Counsel for the applicants and learned AGA for the State.

(2.) This application under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the order dated 24th May, 2011 passed Addl. Sessions Judge, Court No. 4, Moradabad in ST. No. 884 of 2009 State of U.P v. Dharmendra and Ors., whereby the applicants Smt. Bhudevi and Kavita have been summoned under Section 319 Code of Criminal Procedure to face trial under Section 306 Indian Penal Code.

(3.) Earlier order passed by learned Addl. Sessions Judge on 3.8.2010 was set aside by this Court vide order dated 13.9.2010 passed in Criminal Revision No. 3811 of 2010 with a direction to decide the application afresh in light of decisions of the Apex Court in Mohd. Shafi v. Mohd. Rafiq and Anr,2007 58 ACC 254 and Sarabjit Singh and another v. State of Punjab and Anr, 2010 2 SCC(Cri) 141.