SHIV GANESH GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Both the above criminal miscellaneous applications have been filed by Shiv Ganesh Gautam and because the order passed in the former criminal miscellaneous application No. 6911 of 2007 will have bearing on the latter criminal miscellaneous application No. 12322 of 2007 and hence both the above applications are being disposed off by this common order.

(2.) SHIV Ganesh Gautam presently posted as Sub-Inspector of Police, District Chandauli has prayed for quashing of the order dated 14-2-2007 passed by Additional Sessions Judge, Fast Track Court, No. 1, Azamgarh in Sessions Trial No. 219 of 2005, State v. Bhagwan, for offences under Sections 302/120-B, I. P. C. through Criminal Miscellaneous Application No. 6911 of 2007. By the aforesaid order the trial Court has summoned the applicant under Section 319 Cr. P. C. to stand trial alongwith other accused persons, who were already being tried by it. In the aforesaid criminal miscellaneous application a counter-affidavit was called for on 3-4-2007, which has been filed by Dadhibal Tiwari, Station Officer, Atarauliya through learned A. G. A. to which a rejoinder affidavit has also been filed by the applicant.

(3.) THE police started the investigation and charge-sheeted Chandrodey, Jairam Singh, Hawaldar Singh and Surya Nath Singh. Finding no case against the applicant the Investigating Officer did not charge- sheet the applicant.