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RAKESH KUMAR SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rakesh Kumar Singh v. State Of U.P. - APPLICATION U/s 482 No. 16784 of 2005 [2005] RD-AH 5973 (18 November 2005)

 

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 OF ALLAHABAD

Hon'ble M. K. Mittal, J.

Heard Sri V. Singh, learned counsel for the accused applicant, learned A.G.A. and perused the record.

Application has been filed under Section 482 Cr.P.C. to set aside the order dated 11.11.2005 passed by Addl. Sessions Judge, F.T.C. Court No. 2, Bhadohi whereby he rejected the applciation filed by the accused applicant to summon two witnesses i.e. D.T.O telecommunications and Branch Manager, Allahabad  Bank, Branch Chilah, District Mirzapur.

Learned counsel for the accused applicant has contended that these two witnesses are necessary to be examined in the defense but the Learned Trial Court has rejected the application of the applicant. The contention as raised is correct. The court should have summoned these witnesses   to be examined by the accuse in his defense. Learned counsel for the accused applicant has contended that these witnesses  were not named by the prosecution as its witnesses.

Application is allowed. The order dated 11.11.2005 is set aside. Learned Trial Court is directed to summon the witnesses as prayed    by the applicant.

Certified copy of this order be issued to learned counsel for the accused applicant within 24 hours on payment of usual charges.

Dated18.11.2005

RKS/16784/05


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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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