Court No. - 54 Case :- APPLICATION U/S 482 No. - 34516 of 2009 Petitioner :- Satyavir Respondent :- State Of U.P. And Another Petitioner Counsel :- Onkar Nath 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 petition under Section 482 Cr.P.C. has been filed for quashing
order dated 13.10.2009 passed by learned District and Sessions Judge, Etah in
Sessions Trial No. 833 of 2008, arising out of Case Crime No. 107 of 2008,
under Section 302 I.P.C., Police Station Patiyali, District Etah, whereby
application under Section 311 Cr.P.C. filed by the applicant has been rejected
for summoning Veerpal who was an eye-witness of the incident.
It is contended by learned counsel for the applicant that in case the aforesaid
person is not summoned and his statement is not recorded, the accused
persons would be acquitted.
Issue notice to opposite party no.2 returnable within a period of four weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicant, two weeks thereafter
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Order Date :- 4.1.2010
S.Ali