RAMESHWAR NATH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manish Tiwary, learned counsel for the applicant and the learned A.G.A.

(2.) Accused Virendra is being tried in S.T. No. 53 of 1992 for offence under section 302 I.P.C. before 1st Additional Sessions Judge, Ballia. It appears that hearing of the case has already been concluded and the case was reserved for judgment.

(3.) The learned trial court on 24-1-2002 has ordered that while he was examining the record for judgment, he found that the name of the applicant has been mentioned in the first information report that he has also been nominated in the statement by Raj Narain, P.W.-1, recorded in the court; that Shivadhar Singh. P.W.2, and Garaj Narain Singh, P.W.-3, has also supported the statement of P.W.-1, that apart from this case diary show that in the statements under section 161 Cr.P.C. Amar Nath Singh and Shravan Kumar Singh also nominated the applicant. Therefore, he has ordered that the applicant be summoned under section 319 Cr.P.C. to stand trial with other accused. Aggrieved by it, the present petition has been preferred.