CHANDRA SHEKHAR Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri P. P. Srivastava, learned Senior Advocate assisted by Sri Rajul Bhargava, Advocate for the applicant, Sri Tapan Ghosh, learned Senior Advocate assisted by Sri Anup Ghosh, Advocate, for the opposite party No. 2 and learned A. G. A. for the State.

(2.) THE instant application under Section 482, Cr. P. C. is preferred challenging the order dated 14-8-2007 under Section 319 Cr. P. C. passed by the Sessions Judge, Aligarh, in Session Trial No. 360 of 2006, State of U. P. v. Purshottam and Ors. , under Sections 302, 504, 506, I. P. C. , P. S. Sasani Gate, District Aligarh.

(3.) COUNSEL for the applicant has emphasized that since witness was yet to be cross-examined and, therefore, exercise of discretion by the Trial Judge against the present applicant is at a premature stage and without cross-examination he could not conclusively record his satisfaction whether accused, who is not facing trial is also liable to be prosecuted on the basis of evidence recorded during the trial.