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2010 Supreme(All) 1960

SHRI KANT TRIPATHI
Rajol and Others – Appellant
Versus
State of U. P. and Another – Respondent


Advocates:
Ran Vijay Singh, Anurag Kumar Singh, .

Shri Kant Tripathi, J.:-

1. Heard the learned counsel for the petitioners and the learned AGA for the respondent no.1 and perused the impugned judgment and order.

2. With the consent of the learned counsel for the parties, this petition is being disposed of finally at the stage of admission.

3. It appears that the petitioners Rajol, Chote Bhaiya and Ajai have been summoned under section 319 CrPC to face trial in regard to the offences under sections 302/34 IPC in S.T.No. 166/2008 State vs. Vijay (Crime No. 1234/2007), police station Bangarmau, district Unnao, vide the order dated 15.5.2010 passed by the Additional Sessions Judge/Special Judge (E.C.Act) Unnao.

4. The petitioners were named in the FIR but their names were left in the charge sheet. During the trial, PW-1 Ramu @ Anil Kumar was examined, who has deposed in regard to complicity of the petitioners alongwith the charge-sheeted accused. The learned Additional Sessions Judge, placing reliance on the statement of the said witness (PW-1), has passed the impugned order summoning the petitioners.

5. The learned counsel for the petitioners submitted that the learned Additional Sessions Judge has not recorded any satisfaction that on t























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