SURENDRA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Shri S.P.S. Raghav, learned senior counsel for the applicants, Shri Vivek Kumar Singh, learned counsel for the complainant and learned Additional Government Advocate.

(2.) THIS application has been filed for quashing an order dated 7.11.2007 passed by the Additional Sessions Judge, Court No. 5, Muzaffar Nagar whereby the applicants have been summoned under Section 364/302/201, I.P.C. in exercise of powers under Section 319 of the Code of Criminal Procedure.

(3.) LEARNED counsel for the complainant on the other hand submitted that there was sufficient evidence against the applicants and if the police for some ulterior reasons chooses not to record the statements of the witnesses faithfully, which are given under Section 161, Cr. P.C., that is not a ground for failing to a place reliance on the evidence of the witnesses, P.W. 1, Surendra Singh, the complainant, P.W. 2, Radhey Shyam and P.W. 3 Monu, when they depose about the complicity of the applicants in Court.