Smt. Kamala Devi vs State Of U.P. on 21 July, 2010

Court No. - 54

Case :- APPLICATION U/S 482 No. - 23517 of 2010

Petitioner :- Smt. Kamala Devi
Respondent :- State Of U.P.
Petitioner Counsel :- Rajiv Lochan Shukla
Respondent Counsel :- Govt. Advocate

Hon'ble Vinod Prasad,J.

Heard learned counsel for the applicant and the learned AGA.

It is contended that in the impugned order dated 19.4.2010 passed by
Additional Sessions Judge, Court No. 2, Etawa in S.T. No. 209 of 2009, State
Vs. Kamla Devi, under Sections 364, 342 I.P.C., P.S. Usarhar, District
Etawah is not only illegal but also bereft of any reason. The non reasoned
order, therefore, cannot be upheld. Impugned order dated 19.4.2010 is set
aside.

This Criminal Misc. Application is, therefore, allowed. Trial Judge is directed
to reconsider the application of the applicant for summoning of defence
witness in accordance with provision of Section 233 (3) Cr.P.C.

Order Date :- 21.7.2010
Manoj