Anjani Kumar Mishra,J.

Heard Shri Arvind Kumar Srivastava, learned counsel for the applicant and Shri Ajit Ray, learned AGA for the State.

2. This application under Section 482 Cr.P.C. has been filed for quashing the orders dated 27.10.2014 and 25.04.2015 passed in Special Case No. 114 of 2008 (State vs. Izlal and others) under Sections 147, 148, 149, 364, 302, 201, 404, 411 & 109 IPC, Police Station Kotwali, District Meerut, arising out with Case Crime No. 190 of 2008, passed by the Special Judge, UP Gangsters & Anti Social Activities (Prevention) Act, Meerut.

3. It appears that an application under Section 311 Cr.P.C. was filed by the prosecution to summon one Sushil Kumar son of Sukhveer. The said Sushil Kumar was named in the recovery memo wherein the recovery of knife, identity card of Puneet Khare (deceased) and a watch is stated to have been recovered from the applicant. Since the said Sushil Kumar was an independent witness of the aforesaid recovery, the application was filed by the prosecution for summoning him for deposing before the Court.

4. This application was opposed by the applicant on the ground that the statement of the said Sushil Kumar had not been recorded