Court No. - 45 Case :- APPLICATION U/S 482 No. - 18908 of 2010 Petitioner :- Qsmt. Nagwanti Devi Respondent :- State Of U.P. Petitioner Counsel :- Santosh Tripathi,Kailash Chaodhary Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for
quashing the order dated 21.04.2010 passed by learned Additional District
Judge, Court No. VIII, District Gorakhpur in Session Trial No. 427 of 2002
(State Vs. Sanjay Singh and another) under Section 306 I.P.C., whereby the
learned Court below has dismissed the application of the applicant filed under
Section 311 Cr.P.C., for summoning the P.W.8.
Perused the application under Section 311 Cr.P.C., filed by the applicant,
copy of which is annexed as Annexure-3 to this application,shows that no
specific question was framed which was sought to be asked from the witness
sought to be summoned. The application under Section 311 Cr.P.C., is thus
not in consonance with the well settled principles of law as laid down by
Hon’ble Apex Court. Further more, learned counsel for the applicant could not
point out any legal infirmity in the order impugned, which may warrant any
interference by this Court in exercise of power conferred under 482 Cr.P.C.
jurisdiction.
Accordingly, the prayer for quashing the order impugned is hereby refused.
The application lack merits and is dismissed.
Order Date :- 23.7.2010
S.Ali