RADHAY Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard Shri Mohit Behari Mathur, learned counsel for the applicant and the learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 27.2.2014 passed by the learned Additional Chief Judicial Magistrate, Court No. 3 Ghaziabad in compliant case no. 941 of 2012 (Brijpal Singh Vs. Radhay) under Section 302 I.P.C. as well as order dated 26.8.2015 passed by the Additional Sessions Judge, Ghaziabad in Criminal Revision No. 92 of 2014 (Radhay Vs. State of U.P. and others). Prayer is also made to quash the entire proceedings of the aforesaid complainant case.

(3.) The submission of the learned counsel for the applicant is that applicant was summoned to face the trial for the offence under Section 302 I.P.C. which is exclusively triable by the Sessions Judge, proviso enumerated under Section 202 (2) Cr.P.C. was not followed by the concerned Magistrate and all the witnesses were not examined before passing the summoning order. It was further argued that witnesses relating to post-mortem, inquest and the investigation have not been examined. Referring to the law laid down by this Court in (Ghanshyam Singh and others Vs. State of U.P and another, 2014 87 AllCriC 404) it was also argued that summoning order is bad in the eye of law. Revisional Court has also not considered this aspect and passed an illegal order.