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  RD-AH 5973 (18 November 2005)
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.
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