Court No. - 43 Case :- APPLICATION U/S 482 No. - 25295 of 2010 Petitioner :- Ram Khilari Respondent :- State Of U.P. & Another Petitioner Counsel :- Satendra Kumar Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated
5.7.2010 passed by learned Additional Sessions Judge, Court No.5,
Aligarh in S.T. No. 960 of 2007.
From the perusal of the record it appears that in the present case, the
application under section 319 Cr.P.C.has been filed by the applicant.
After considering the statements of Pws 1, 2 and 3, which were
recorded by the trial court, the statements show that the specific
allegation has been made against the proposed accused O.P.No.2 to 9.
The prosecutrix has also made specific allegation even then the trial
court has not summoned the proposed accused in exercise of powers
under section 319 Cr.P.C. At this stage, it has to be seen whether on the
basis of the evidence , prima facie, offence is made out against the
proposed accused or not. It is not the stage on which the final
conclusion be drawn for the purpose of conviction or acquittal, it
appears that the trial court has passed the order without considering this
principle, the impugned order is illegal, the same is set aside.
The trial court is directed to pass fresh order in accordance with law.
With the above direction, this application is disposed of finally.
Order Date :- 11.8.2010
Su