BIRENDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short, 'the Cr.P.C.'), order dated 8.7.1993, passed by Ixth Additional Sessions Judge, Kanpur Nagar in S.T. NO. 748/1992 (State Vs. Raj Kumar Tewari and others) under Section 302/34 I.P.C. P.S. Sachendi, Kanpur Nagar, has been challenged.

(2.) BY the impugned order, notice has been issued by the court below to the applicant to appear and show cause as to why he should not be tried.

(3.) IT was submitted by the learned counsel for the applicant that there is no provision in Cr.P.C. to issue notice prior to passing the summoning order under Section 319 Cr.P.C. and hence the impugned order, being wholly illegal, should be set aside. IT was also submitted by learned counsel for the applicant that court below did not apply its mind to the facts of the case and merely on making prayer by the Government counsel, impugned order was passed.