C B TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed under Section 341 of the Code of Criminal Procedure by the appellant Dr. C.B. Tripathi against the order dated 24.1.2004 passed by the Additional Sessions Judge, Court No. 5, Varanasi on an application under Section 340 Cr.P.C. whereby the learned Judge directed the appellant and two others Vishwanath Shukla and Rajesh Shukla to be prosecuted by the Chief Judicial Magistrate, Varanasi and directed them to file their personal bail bonds of Rs. 10,000/- and two sureties each of the like amount for their appearance before the court concerned.

(2.) An impleadment application was moved by Shambhu Nath Rai, the applicant in the application under section 340 Cr.P.C in this appeal under Section 341 Cr.P.C. and an order was passed by this Court on 4.3.2005 for impleading Shambhu Nath Rai as opposite party.

(3.) I have heard Shri H.K. Sharma, learned counsel for the appellant, Shri L.B. Lal and Shri R.S. Maurya for the newly impleaded opposite party Shambhu Nath Rai and learned Additional Government Advocate.