ANIL KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) V. D. Chaturvedi, J. Heard learned Counsel for the petitioner and learned A. G. A.

(2.) THE petitioner's Counsel states that an F. I. R for the offence of murder was lodged against the five persons including the petitioner Anil Kumar; that the police submitted the charge sheet only against the three persons. Later on the investigation was conducted by C. B. C. I. D which submitted the charge-sheet against the petitioner Anil Kumar also that meanwhile the witnesses of fact were examined in the session trial faced by three co-accused; that the witnesses of fact had denied the prosecution version in their statements recorded in the trial Court and also denied the presence of petitioner Anil Kumar. THE argument of the learned Counsel for the applicant is that when the witnesses of fact have denied the presence of the applicant at the spot, it would be nothing but the wastage of time to prosecute the petitioner.