Court No. - 43 Case :- APPLICATION U/S 482 No. - 24583 of 2010 Petitioner :- Hukum Singh Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Kumar Dubey 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
27.4.2010 passed by the Additional Sessions Judge, Court no.1, Hathras
in S.T. No. 496 of 2008 whereby the application under section 319
Cr.P.C. has been rejected.
From the perusal of the record it appears that in the present case
statements of P.W. 1 and P.W. 2 have been recorded who disclosed the
name of Meena and Chhoti showing their involvement in the commission
of the alleged offence but the leaned court concerned has tried to test the
testimony, at this stage, which is not proper, the order dated 27.4.2010 is
not a proper order, the same is hereby set aside.
However, it is directed that the learned court concerned shall pass a fresh
order in accordance with law.
A copy of this order shall be produced by the learned counsel for the
applicant within 20 days from today.
With this direction this application is finally disposed of.
Order Date :- 4.8.2010