Smt.Nirmala Rai vs State Of U.P. And 2 Others
2013 Latest Caselaw 1395 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 14362 of 2013
 

 
Petitioner :- Smt.Nirmala Rai
 
Respondent :- State Of U.P. And 2 Others
 
Petitioner Counsel :- Pradeep Singh Senger
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant and the learned A.G.A.

Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 30.3.2013 passed by the Additional District and Sessions Judge, Court No. 2 Ballia in sessions trial No. 54 of 2009 under Sections 147, 148, 149, 323, 325, 504, 506, 304 IPC, police station Sikandarpur, district Ballia whereby the application of the applicant filed under Section 319 Cr.P.C. for summoning opposite party  No. 2 and 3 for facing trial has been rejected on the ground that previous application filed by the applicant was rejected.

It is contended by learned counsel for the applicant that earlier order dismissing the application of the applicant filed under Section 319 Cr.P.C. was passed on the ground that only P.W. 1 was examined and rest of the evidence was to come.  It is next contended that now the statement of other witnesses have also been recorded and therefore, rejection of the second application of the applicant on the ground that first application was rejected is not tenable in law.

After hearing the learned counsel for the parties and after perusing the order impugned as well as the averments as contained in the present application, this Court is of the opinion that the matter requires reconsideration.

Accordingly, order dated 30.3.2013 is hereby set aside and the matter is remitted to the Additional District and Sessions Judge, Court No. 2 Ballia to reconsider the same and pass appropriate orders  as per law, after hearing the parties within a period of one month from the date of production of a certified copy of this order before him.

Application accordingly, disposed off.

Order Date :- 26.4.2013

faraz