MOHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application moved under Section 482, Cr. P. C. to quash the order dated 19-3-2008 passed by Additional Sessions Judge/f. T. C. Court No. 1, Jalaun at Orai in S. T. No. 112 of 2007, State v. Praveen Kumar, summoning the applicants as accused persons under Section 319, Cr. P. C.

(2.) THE relevant facts, for disposal of this application are that aforesaid S. T. is pending against co-accused Praveen Kumar under Sections 363, 366 and 376 I. P. C. Applicants were named as accused persons in the F. I. R. but no charge-sheet was submitted against them. After investigation the charge-sheet was submitted against Praveen Kumar only. THE case was committed to the Court of Sessions Judge and during trial of the case the statement of Km. Poonam Soniya, prosecutrix was recorded as P. W. 2 and in that statement she named accused applicants Mohan Lal, Dinesh Kumar, Raj Kumar and Satish mentioning their respective roles in the incident. THEreafter, the prosecution moved an application for summoning the above accused applicants and that application was allowed by the trial Court. Aggrieved of that order the present accused applicants filed this application under Section 482, Cr. P. C.

(3.) HE submitted that above the ruling applies with fuli force, to the present case where the Court has summoned the applicants as accused persons, only on the basis of examination-in-chief of Km. Poonam Soniya without her cross-examination. So the order passed by Additional Sessions Judge should be set aside. I agree with his contention.