UMA KANT CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been filed against the order dated 9-8-2004 passed by the Additional District and Sessions Judge-IV, Mathura, in S. T. No. 847 of 2003, State v. Uppe alias Upendra and Ors. , under Sections 147/148/ 149/302 IPC, police station Kotwali, District Mathura, whereby the applicant had been summoned under Section 319 of the Code.

(2.) I have heard Shri G. S. Hajela, learned Counsel for the applicant, Shri S. P. Singh, learned Counsel for opposite party No. 2 and learned Additional Government Advocate.

(3.) AFTER recording the examination-in-chief of the informant P. W. 1 Anil Seth on 9-6-2004, an application was moved under Section 319 of the Code for summoning the applicant. It was mentioned in the application that special role had been given to the applicant in the FIR, but due to his influence, the police has not submitted a charge-sheet against him. The witnesses clearly specified the role of the applicant in the incident.