LAWS(ALL)-2008-4-108

MOHD JAHID Vs. STATE OF U P

Decided On April 21, 2008
MOHD. JAHID Appellant
V/S
STATE OF UTTAR PRADESH OF Respondents

JUDGEMENT

(1.) -Heard Sri Vinay Saran, learned counsel for the applicant, learned counsel for opposite party No. 2 Sri Javed Habib and learned A.G.A.

(2.) THIS criminal revision has been filed for quashing an order dated 15.6.2004 summoning the applicant Mohd. Jahid in a case under Sections 498A, 304B and 201, I.P.C. and 3/4 of D. P. Act in exercise of powers under Section 319, Cr. P.C., passed by the Addl. Sessions Judge, F.T.C. 2, Bareilly, after recording the examination-in-chief of the informant-P.W. 1, Mohd. Shafi on 6.2.2004.

(3.) IN the present case, on the contrary, the learned Sessions Judge was fully satisfied that sufficient grounds existed for summoning the applicant on the basis of the examination-in-chief of the witness Ved Pal and that the learned Magistrate has not given proper reasons for not summoning him at the earlier stage when the learned Magistrate rejected the final report and summoned the other co-accused.