Rajjan Lal vs State Of U.P.& Anothers.
2013 Latest Caselaw 2093 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 704 of 2008
 

 
Petitioner :- Rajjan Lal
 
Respondent :- State Of U.P.& Anothers.
 
Petitioner Counsel :- Gopesh Tripathi,Pratyush Tripathi
 
Respondent Counsel :- Govt.Advocate,A.S.G.
 

 
Hon'ble Ravindra Singh,J.

Learned counsel for the applicant files rejoinder affidavit.

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

This application has ben filed with a prayer to quash the order dated 24.1.2008  passed by learned C.J.M., Court No. 9 Raibareli  in Criminal case No. 860 of 2002 whereby the applicant has been summoned in exercise of powers conferred under section 319 Cr.P.C.

From the perusal of the impugned order dated 24.1.2008 it appears that  the learned trial court has summoned the applicant after considering the statement of P.W. 1 Subair Ahmad and P.W. 2 Dewki Nandan  by observing that the allegation has been made in their statements  along with other co-accused persons. From the perusal of the statement of P.W. 1 it appears that no allegation has been made by him against the applicant. Only allegation has been made in the statement of P.W. 2 against the applicant. It shows that the trial court has not properly considered the statement of P.W. 1. In such circumstances, the impugned order dated 24.1.2008 is illegal and is hereby set aside and it is directed that learned C.J.M. Raebareli shall pass a fresh order in accordance with law.

The interim order dated 25.2.2008 is hereby vacated.

Accordingly this application is disposed of.

Order Date :- 14.5.2013

RPD