YAHIYA KHAN Vs. STATE OF U P

JUDGEMENT

(1.) A case of S.T. No. 165 of 1996 (State v. Naushad Khan and Ors.) and the other S.T. No. 18 of 1996 are pending before the Court of Addl. Sessions Judge/ Special Judge, (E.C.) Act, Ghazipur under various Sections of the Indian Penal Code including Section 308 of Indian Penal Code which are at the stage of argument. There are number of accused and the above two have come before this Court under Section 482 Cr.P.C. against an order dated 4 -8 -2006 of learned Trial Judge, passed in S.T. No. 165 of 1996 rejecting their applications of re -summoning 4 witnesses and to accept compromise in those offences which are compoundable. The applicants allege that certain vital questions could not be asked from the witnesses, which need to be clarified.

(2.) THE petition is at the stage of admission and the Counsel for the applicants and Addl. Government Advocate for the State have been heard.

(3.) IN this case, there are numerous accused and against all of them, the learned trial Court has indiscriminately framed charges including the one under Section 308 of Indian Penal Code.