( 1 ) THIS petition under Section 482, Cr. P. C. has been filed for setting aside the order dated 5-6-2002 passed in Sessions Trial No. 535 of 2000 State of U. P. v. Bhoora and others summoning the applicant for trial along with other accused.

( 2 ) AN F. I. R. was lodged by opposite party No. 2 against four unknown persons with the allegations that on 28-9-1999 at about 8 a. m. four unknown persons abducted his brother Pramod. On the basis of above F. I. R. a case at crime No. 557 of 1999 under Section 364, I. P. C. was registered at P. S. Deoband, district Saharanpur. After investigation police submitted charge-sheet against three persons namely Bhoora @ Meharban, Munshi @ Mursalin and Usman under Sections 364/120-B, I. P. C. The cognizance was taken against above persons by the Magistrate and the case was committed to the Court of Sessions.

( 3 ) BEFORE Sessions Judge, an application was moved by the prosecution for summoning applicant Abdul Salam in the case for trial along with other co-accused mainly on the ground that he was also involved in the offence.

( 4 ) THE learned Sessions Judge on considering the evidence of victim Pramod held that the applicant wa