REMESH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. H. P. Gupta, learned counsel for the petitioner as well as Mr. R. P. Shukla, learned Additional Government Advocate. The petitioner has challenged the order dated 2. 9. 2008 passed in session trial No. 759 of 2007 by Additional Sessions Judge,/f. T. C. No. 7, Hardoi in exercise of power provided under Section 319 Cr. P. C. , whereby the petitioner has been summoned for trial under Section 308/34, 323/34, 504 and 506 I. P. C. Learned counsel for the petitioner draw the attention on the statement of witnesses given under Section 161 Cr. P. C. to establish that at the time of incident, the petitioner was not present on the spot as it reveals from the statement of Smt. Tulsa Devi and others whereas after perusal of the statement of witnesses, I find that the petitioner was involved in commission of crime alongwith others. Therefore, I do not find any illegality in the order impugned. The petition is dismissed. However, it is provided that if the petitioner surrenders before the court concerned alongwith an application of bail, the same shall be considered and disposed of in accordance with law. .