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RAMVEER SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ramveer Singh v. State Of U.P. & Others - APPLICATION U/s 482 No. - 24965 of 2007 [2007] RD-AH 16502 (9 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

(Court No. 48)

Criminal Misc. Application No. 24965 of 2007

***

Ramveer Singh son oflate Ajai Pal Singh,

Resident of Village Gagunrra, P.S. Jareef Nagar,

District Budaun. ....... Applicant.

Vs.

State of U.P .... Opp.Party.

****

Hon'ble Barkat Ali Zaidi, J

1.A Sessions Trial (S.T. No. 506 of 2005) is pending in the court of Addl. Sessions Judge , Court No. 9 ,Budaun under Section 302 I.P.C. in which Opp.Parties Ram Niwas and Kalyan Singh are the accused.

2.The Trial Sessions Judge has declined to examine the three Investigation Officers on prayer of the public prosecutor and rejected it's application for summoning them in evidence by issuance non-bailable warrant. The order passed by the Trial Judge is as below;

"Arguments on application paper 57-Kha are heard.. The application is without any basis. The Trial is over. The application , paper 57 -Kha is, therefore dismissed. Put up for arguments on 1.10.2007"

It is this order of the Trial Sessions Judge, which has brought the complainant of the case here.

3.I have heard Sri Surendra Pal Singh, learned counsel for the applicant and Sri S.D. Tripathi, learned Addl. Government Advocate for the State.

4.The grouse of the applicant is that the order of the Trial Sessions Judge is not justifiable and is egregiously erroneous.

5.There is substance in this contention. It should be noticed that the order of the Trial Sessions Judge, does not give any reason,good bad or indifferent to refuse the prayer of the prosecution.

6.It can be reaffirmed without mincing words that the examination of an investigating officer in a criminal trial is absolutely essential which not only benefits the prosecution but enables the judge to visualise the facts of the case and how the investigation proceeded for the effective disposal of a Trial. Without taking into account the significance of the evidence of an investigation officer in a murder Trial, the Judge closed the prosecution evidence which is highly improper and unjustified.

7.Application under Section 482 Cr.P.C. is, allowed. The order passed by the Trial Sessions Judge is set aside. He is advised to summon the investigating officers and to examine them in evidence for the effective disposal of the case.

Copy of this order be sent to the concerned by the office through District Judge, Budaun for information and compliance

Dt: 9.10.2007

24965/07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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