LAWS(ALL)-2008-5-137

ASHOK SINGH Vs. STATE OF U P

Decided On May 13, 2008
ASHOK SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -Heard Sri O. P. Singh, senior advocate, assisted by Sri Vijai Tripathi, learned counsel for the applicant and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed by the applicant Ashok Singh, with a prayer to quash the order dated 5.11.2005 passed by the learned Additional Fast Track Court 5 Kanpur Nagar in S.T. No. 367 of 2005, whereby the application under Section 319, Cr. P.C. has been rejected and the order dated 5.7.2007 passed by the Fast Track Court No. 1, Kanpur Nagar whereby second application under Section 319, Cr. P.C. has been rejected.

(3.) IN reply to the above submission, it is submitted by the learned A.G.A., that there is no illegality in the impugned orders passed by the trial court in rejecting the applications under Section 319, Cr. P.C., because the first application was rejected by the learned trial court on the ground that there was no sufficient evidence for invoking the power under Section 319, Cr. P.C., the second application was rejected on the ground that it was moved on almost the same ground. The learned trial court has not committed any error in passing the impugned orders, therefore, the prayer for quashing the same may be refused.