Shri Kant Tripathi, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure for quashing the order dated 26.06.2009 rendered by Additional Sessions Judge, Court No. 31, Barabanki in S.T. No. 317 of 2007, State v. Nanha alias Nanhoo and Ors., whereby the learned Additional Sessions Judge has summoned the Applicants under Section 319 of the Code of criminal Procedure (in short Code of Criminal Procedure) to face trial in regard to the offences under Sections 308 read with Section 34, 323 read with Section 34, and Section 504, 506 I.P.C.
(2.) HEARD the learned Counsel for the Applicant and the learned AGA and perused the impugned judgment and order. With the consent of the learned Counsel for the Applicant and the learned AGA, the instant petition is being disposed of finally at the stage of admission.
(3.) IT appears that the Applicant's name did not find place in the charge -sheet submitted by the investigating officer but during the trial only one witness (PW -1, Ram Sewak) was examined and the learned Additional Sessions Judge passed the summoning order only on the basis of that statement without taking any other evidence.;