KRISHNA PAL Vs. STATE OF U P

JUDGEMENT

(1.) THE order dated 11.2.2008 passed by Addl. District and Sessions Judge in ST. No. 1122 of 2006, State v. Ram Charan and another, under Sections 307 and 504, IPC has been questioned in this application under Section 482, Cr.P.C. invoking inherent jurisdiction of this Court.

(2.) I have heard learned counsel for the applicant at a great length and perused the record including Annexure-3 and the impugned order.

(3.) DEALING with the contentions raised by the learned counsel for the applicant first of all material collected during investigation is wholly irrelevant and is beyond the scope of Section 319, Cr.P.C. What is to be looked into, for summoning a person under Section 319, Cr.P.C., is the recorded evidence during trial and not materials collected during investigation. All the allegations made during the investigation are alien for exercise of power under Section 319, Cr.P.C., therefore, first contention raised by the learned counsel for the applicant is hereby repelled.