SAROJ YADAV,J. - (1.) This petition has been filed by the petitioners praying to quash/set aside the order dated 10.05.2019 passed by learned Additional Sessions Judge, Court No. 11, Hardoi in Sessions Trial No. 47/18 (State Vs. Dharamveer Singh and Others) and Crime No. 203/17.
(2.) Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned Additional Government Advocate appearing on behalf of the State.
(3.) Learned counsel for the petitioners submitted that the petitioners were named in the first information report but after investigation, the Investigating Officer found that the petitioners were not present in the Village at the time of incident and the location of the petitioner no. 1 was in Delhi and Haryana since 01.10.2017 till 15.10.2017, whereas the alleged incident took place on 12.10.2017. The petitioner no. 2 is the wife of the petitioner no. 1 and she is residing with him. Both the petitioners are residing separately since 2015, the petitioner no. 1 is doing a private job in Delhi. On the basis of the evidence collected during investigation, the Investigating Officer did not find any involvement of the petitioners in the alleged crime, as such, he dropped the names of the petitioners but during trial, the informant moved an application under Section 319 Cr.P.C. for summoning the petitioners as accused and learned Trial Court allowed the same without considering the material available on record i.e. call details of the petitioner no. 1, availed by the Investigating Officer. Learned counsel for the petitioners further submitted that learned Trial Court has passed the impugned order summoning the petitioners as accused persons only on the basis of the evidence of P.W. 1 to 4, which is not justified, so the impugned order should be quashed.;