Shri Kant Tripathi, J. - (1.) HEARD Sri P.K. Singh, learned Counsel for the applicants, learned AGA for the respondents and perused the record.
(2.) THIS is a petition, under Section 482 Cr.P.C. for quashing the order dated 19.06.1996, passed by the IIIrd Additional District and Sessions Judge, Kanpur Dehat in S.T. No. 149 of 1995 State v. Rajan and Ors., whereby the learned Additional District and Sessions Judge has summoned the applicants under Section 319 Cr.P.C. to face the trial in regard to the charge under Section 307 IPC. Sri P.K. Singh, learned Counsel for the applicants submitted that the applicants were named in the FIR, but the Investigating Officer exonerated them and did not file any charge sheet against them. During the trial, the Additional District and Sessions Judge has recorded the statement of P.W. 1 Shiv Shankar Shukla and passed the summoning order without providing any opportunity to the accused to make cross examination and even without recording any finding that the evidence adduced during the trial, if unrebutted is sufficient to record a valid conviction. In absence of this finding the summoning order cannot be upheld.
(3.) THE leaned AGA could not find any contrary view.;