PAPPU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli cation has been filed by the applicant Pappu Singh with a prayer to quash the order dated 28.8.2008 passed by learned XV Addl. Sessions Judge, Meerut in S.T. No. 686 of 2003 (State v. Rajendri and others) under section 302 IPC whereby the appli cation under section 319 Cr.P.C. filed by the prosecution has been allowed and the applicant has been summoned to face the trial for the offence punishable under sec tion 302 IPC in exercise of powers con ferred under section 319 Cr.P.C.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by O.P. No. 2 Shyam Singh at P.S. Partapur. District Meerut on 30.6.2003 at 5.30 A.M. in case crime No. 190 of 2003 under sections 302, 307 IPC against some unknown persons alleging therein that some unknown miscreants caused injuries by using sharp edge weapon on the persons of Ram Baksh, Nepal Singh and Smt. Prakashi. THEreafter they were shifted to the hospital where Nepal Singh and Smt. Prakashi were de clared dead and Ram Baksh was admitted in Jagat Nursing Home, Garh Road, Meerut, subsequently he also succumbed to his injuries. After investigation the I.O. submitted the charge-sheet against Smt. Rajendri Devi W/o deceased Nepal Singh, Shiv Kumar and Vinod, THE learned Magis trate concerned has taken the cognizance on the basis of the charge-sheet submitted against them. THEreafter their case was committed to the Court of Sessions, the same is pending in the Court of learned Addl. Session Judge-XV, Meerut vide S.T. No. 686 of 2003 under section 302 IPC in which Shyam Singh P.W.-1, Vishnu P.W.-2, Ramesh P.W.-3, Dr. R.K. Gupta, P.W.-4, Dr. N. Naithani P.W.-5, S.I. Chandan Singh P.W.-6 and S.I. Hari Singh Bhadauriya P.W.-7, Head Constable Jaiveer Singh P.W.-8 have been examined, thereafter an appli cation under section 311 Cr.P.C. has been filed by the prosecution for summoning Suman and Nisha, the daughters of the deceased Nepal Singh, the same was al lowed and Suman and Nisha have been summoned by the Trial Court as witnesses and they have been examined as CW-1 and CW-2 respectively. THEreafter the state ment of S.I. Amar Pal Singh has been re corded as P.W.-9 and statement of S.H.O. Chandra Pal Singh was recorded as P.W.-10. After recording the above mentioned statements, the statements of the accused persons were recorded under section 313 Cr.P.C. but at the stage of the argument an application under section 319 Cr.P.C. has been moved by the prosecution to summon the applicant in exercise of powers con ferred under section 319 Cr.P.C. on the ba sis of statement of CW-1 Suman and CW-2 Nisha who are eye-witness of the alleged incident, the same was allowed by learned Trial Court vide order dated 28.8.2008 and the applicant has been summoned to face the trial for the offence punishable under section 302 IPC. Being aggrieved from the order dated 28.8.2008 the applicant has filed the present application with a prayer to quash the impugned order dated 28.8.2008 in exercise of powers conferred under section 482 Cr.P.C.

(3.) IT is further contended that the power conferred under section 319 Cr.P.C. may not be exercised in a routine manner. The same may be exercised sparingly, therefore, the impugned order dated 28.8.2008 may be quashed.