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Satendra & Another v. State Of U.P. & Another - APPLICATION U/s 482 No. 17247 of 2005 [2005] RD-AH 6841 (2 December 2005)


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Hon'ble M. K. Mittal, J.

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

Application under Section 482 Cr. P. C. has been filed with the prayer to quash the order dated 19.10.2005 whereby learned Addl. Sessions Judge, Court No. 3, Muzaffarnagar allowed the application filed by the complainant under Section 311 Cr. P. C. in S.T. No.143 of 2001. The complainant had moved an application to summon Dr. Amlesh Kumar Verma, who has examined the accused Chandrahas and Jitendra. Learned Trial Court has passed the following order " Heard. Peruse. Learned counsel for the complainant and accused. Prosecution if likes can summon the witnesses at the expenses of complainant." Learned Judge has not given any reason in this order.

Contention of learned counsel for the accused applicant is that there is no cross case and the accused persons were not examined by any Doctor and there was no occasion for the Court to have summoned the witness on the application of the complainant to prove the alleged injury report of the accused persons. The contention has force and application is liable to be allowed.

Application is hereby allowed. Impugned order dated 19.10.2005 is set aside.

Dated: 2.12.2005

RKS/ 17247/05


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