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2006 Supreme(All) 3399

ALOK K.SINGH
Raman Kirpal – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT :

Alok K. Singh, J.

This application u/s 482, Cr. P.C. has been filed for quashing the orders dated 9.5.2005 and 30.6.2006, passed by Special C.J.M., Customs, Lucknow in complaint case No. 801 of 2002 under Sections 500 and 501, I.P.C. Anant Kumar Singh v. Raman Kirpal and Ors., relating to Police Station Hazaratganj, district Lucknow. It has been further prayed that an order be passed directing the Court below to summon the witnesses u/s 311. Cr. P.C. or the petitioner be himself given an opportunity to produce his defence witnesses.

2. Briefly stated the facts giving rise to this application are that an application was moved for summoning three defence witnesses namely M/s. Shiela Reddy, Sri Sanjeev Rastogi and Vijay Simha. This application was disposed of on 9.5.2005 with a direction to the accused persons to produce the defence witnesses themselves, if they so desire and for that purpose several dates were also fixed for defence evidence. But no evidence was produced in defence. This order was also not challenged till the filing of the instant application u/s 482, Cr.






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