LAWS(ALL)-2008-5-86

CHANDRA SHEKHAR Vs. STATE OF U P

Decided On May 02, 2008
CHANDRA SHEKHAR Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and learned A.G.A.

(2.) THIS case has a chequered history.

(3.) EARLIER as the applicant was not named in the F.I.R. but summoned on the basis of application under section 319 Cr.P.C. in S.T. No. 360 of 2006, under sec ­tions 302, 504 and 506 I.P.C. by the Sessions Judge Aligarh by an order dated 14.8.2007. The said order was challenged in an earlier Cri. Misc. Application No. 20849 of 2007 wherein it was argued that without cross -examination of P.W.I, the applicant has been summoned and the order under sec ­tion 319 Cr.P.C. could not have been passed but the said argument did not find favour of Hon'ble Mrs. Poonam Srivastav, J. and by an order dated 30.8.2007 the summoning order passed in exercise of power under section 319 Cr.P.C. was up ­held but four weeks' time was allowed to the applicant to appear before the Court concerned and the Court concerned was directed to dispose of his bail application preferably on the same day.