LAWS(ALL)-2004-7-63

MOM RAJ Vs. STATE OF U P

Decided On July 26, 2004
MOM RAJ Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. This criminal revision by one Mom Raj son of Sukkhan has been filed against the order dated 20-1-1988 passed by the then Additional Sessions Judge, Moradabad in ST. No. 563 of 1986 State v. Khaderu and others, whereby the learned Judge summoned the revisionist to face trial along with other accused under Section 302 I. P. C. and exercised his powers under Section 319 Cr PC.

(2.) I have heard Sri Akhilesh Singh, learned counsel for the revisionist, learned A. G. A. and perused the record.

(3.) LEARNED counsel for the revisionist has challenged the impugned order solely on the ground that P. W. 1 Ram Pal Singh was not cross examined by the learned counsel for the defence and merely on the basis of the examination in chief recorded in the Court, learned Judge was not justified to summon the revisionist to face trial.