AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Daya Shanker Misra, Sri Chandrakes Misra, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Gaurav Kakkar, learned counsel for the complainant.

(2.) THIS application under section 482 Cr.P.C. has been filed by the applicant Ajay Kumar son of Naahar Singh with a prayer to quash the order dated 20.11.2008 passed by the learned Additional Sessions Judge, Court No. 4 Bulandshahar in S.T. No. 310 of 2006 whereby the applicant has been summoned in exercise of the power conferred under section 319 Cr.P.C. to face the proceedings of trial for the offence punishable under sections 147,148,307,323,324 and 504 I.P.C.

(3.) Thereafter, fresh application under section 319 Cr.P.C. was moved by the first informant through A.D.G.C.( Criminal) with a prayer to summon the applicant to face the trial. During the pendency of the above mentioned application the Sessions Trial of the present case and its cross case was transferred to the court of Additional Sessions Court No. 4 Bulandshahar by the District Judge, Bulandshahar. The learned Additional Sessions Judge, Court No. 1 after considering the deposition of P.W. 1 and P.W. 2 passed the impugned order dated 20.11.2008 by which the application under section 319 Cr.P.C. was allowed and the applicant was summoned to face the trial. 5. The impugned order dated 20.11.2008 has been challenged by the applicant before this court by way of filing the present application under section 482 Cr.P.C. It is contended by the learned counsel for the applicant :