MOHIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. has been moved for setting aside the order dated 24.9.2009 passed by the Additional Sessions Judge, Court No. 3, Ballia, in S.T. No. 34 of 2008, State v. Ashok Singh and another, under Section 302, I.P.C. Police Station Nagra, District Ballia, whereby the Court in exercise of its power under Section 319, Cr.P.C. summoned the applicants to stand trial for the offence punishable under Section 302, I.P.C.

(2.) It appears from the record that the applicants alongwith others were named in the FIR. However, after investigation charge sheet was not submitted against them. After recording of the statements of PW1 Akhilanand Singh and PW2 Sanjay Singh an application was moved by the prosecution for summoning the applicants as their participation in the crime was specifically told by these witnesses. That application was allowed by the impugned order dated 24.9.2009.

(3.) I have heard Mr. V. P. Srivastava, learned Senior Counsel, assisted by Mr. Lav Srivastava, Mr. Shashi Kumar, learned AGA for the State and perused the record.