MADHUSUDAN SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C. against the order dtd. 29/4/2022 by virtue of which the application of the applicant under sec. 311 Cr.P.C. for summoning certain witnesses was rejected.

(2.) Heard Sri V. P. Srivastava, learned Senior Advocate assisted by Sri Bipin Kumar Tripathi, learned counsel for the applicant, Mr Vijendra Kumar Mishra, learned counsel for the opposite party no. 2 and Mr L. M. Singh, learned AGA for the State.

(3.) In short, facts giving rise to present case are that an FIR vide Case Crime No. 1052 of 1996, under Sec. 364 IPC was lodged on 19/10/1996 by the informant against the applicant and three others alleging therein that on 18/10/1996 at about 7 p.m. elder brother of the informant along with one Sanjay Rai were going Girdharganj to buy vegetables; at that time applicant and other named accused persons came in a jeep and took away brother of the informant with them and when the informant reached to his house from his village, Sanjay Rai is said to have narrated all these facts to the informant. The informant further apprehends that his brother has been abducted with intention to kill him because of old enmity with one co-accused Prajapati Shukla @ Jhanney Shukla, named in the FIR.