JUDGMENT :

1. This application has been made by the accused applicant to quash the order dated 31/10/2008 passed by Additional Sessions Judge, Court No. 02, Shahjanpur in S.T. No. 799 of 2007 - State Vs. Harish Chandra and others, under Sections 304, 323 and 504 IPC. Police Station Pobayan, District Shahjahanpur, by which the learned Trial Court allowed the Application 13-B U/s 311 Cr.PC and summoned Maina Devi and Usha Devi as witnesses.

2. Heard Sri Pawan Kumar Dubey, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned A.G.A. for the State and perused the record.

3. In brief, facts of the case are that complainant Ramesh Chandra lodged NCR No. 62 of 2007; against Harish Chandra, Matadeen, Sangam and ram Kumar and after death of injured Pankaj, the NCR was converted into FIR U/s 304, 323 and 504 IPC. IO recorded the statements of the informant and so called eye witness Babu Ram and after investigation submitted Charge sheet against the applicant under the aforesaid sections on 05/05/2007. from the bare perusal of the charge sheet it is crystal clear that the statement of the Maina Devi and Smt Usha Devi were neither recorded U/S 161 Cr.P.C nor a single word is ment