IMRAN Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the order dated 09.10.2002 passed by Additional Sessions Judge/FTC-II, Sultanpur, summoning the petitioner to face the trial in exercise of the power under Section 319 Cr.P.C.

(2.) Briefly stated facts are that an FIR was lodged by Smt. Anwari Begam against 11 accused persons including the petitioner, alleging therein that these persons opened fire causing death of her husband Jamaluddin on 26.04.2002. FIR was registered as Crime No. 149 of 2002 (Sessions Trial No. 235A of 2002), under Sections 147,148,149,504,506,302 IPC, P.S. Amethi, District Sultanpur. Police after investigation submitted charge-sheet against 8 accused persons. Petitioner was not charge-sheeted. It further appears that during the trial P.W.-1, Anwari Begam was examined and after her examination an application under Section 319 Cr.P.C. was moved which has been allowed by the trial court on 09.10.2002. This very order has been challenged in this petition.

(3.) It has further been informed at bar by the counsel for the petitioner that trial has concluded and conviction has been recorded, but trial could not proceed against the petitioner owing to his non-appearance as he was not aware about the proceedings and he came to know about the same when the proceedings under Section 82/83 Cr.P.C. were initiated. Learned counsel for the petitioner further informs that the application to surrender was moved whereupon report of the police was called, which reported that no charge-sheet has been submitted against petitioner. This report was correct as the petitioner Imran was summoned subsequently after examination of P.W.-1 by the trial court in exercise of the power under Section 319 Cr.P.C.