- (1.) HEARD Sri Daya Shanker Misra, Sri Chandrakes Misra, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Gaurav Kakkar, learned counsel for the complainant.
(2.) THIS application under section 482 Cr.P.C. has been filed by the applicant Ajay Kumar son of Naahar Singh with a prayer to quash the order dated 20.11.2008 passed by the learned Additional Sessions Judge, Court No. 4 Bulandshahar in S.T. No. 310 of 2006 whereby the applicant has been summoned in exercise of the power conferred under section 319 Cr.P.C. to face the proceedings of trial for the offence punishable under sections 147,148,307,323,324 and 504 I.P.C. The facts in brief of this case are that FIR of this case has been lodged by Sri Narendra Singh son of Tej Pratap Singh in case crime no. 121 of 2005 under sections 147,148,323,324 and 504 I.P.C. in which the charge sheet has been submitted against Nahar Singh, Narpat Singh, Malkhan Singh, Manoj and Sanjay and final report was submitted in favour of the applicant and no charge sheet has been submitted against the applicant, on the basis of the charge sheet submitted by the I.O. learned Chief Judicial Magistrate, Bulandshahar has taken cognizance and summoned the charge -sheeted persons to face the trial in criminal case no. 3517 of 2005 and thereafter, it was committed to the court of Sessions where it was numbered as S.T.No. 310 of 2006, thereafter, on the basis of the application moved on behalf of Harveer Singh and three others in the court of learned Sessions Judge, Bulandshshar mentioning therein that its cross case S.T. No. 561 of 2006 was pending in the court of Additional Sessions Judge, Court No. 2 Bulandshshar, present case may also be transferred to the court of Additional Sessions Judge, Court No. 2 Bulandshshar. Ultimately, it was transferred to the court of Additional Sessions Judge, Court No. 2 Bulandshahar for framing the charge against the charge -sheeted persons on 13.11.2006, after framing of the charge examination in chief of P.W. 1 Narendra Singh was recorded on 22.2.2007, after recording the examination -in -chief, an application under section 319 Cr.P.C. was moved by the first informant Narendra Singh with the prayer to summon the applicant to face the trial, the same was rejected on 18.4.2007. The order dated 18.4.2007 passed by the learned Additional Sessions Judge, Court No. 2 Bulandshahar in S.T. No . 310 of 2006 was challenged before this court by way of filing criminal revision no. 1197 of 2007 by the first informant Narendra Singh, the same was disposed of on 10.9.2007 by affirming the order dated 18.4.2007 with a direction that it shall be open to the prosecution to move an application under section 319 Cr.P.C. after completion of the cross examination of the P.W. 1 or other evidence is adduced, the trial court was directed to hear and dispose of the same in accordance with the provisions of law. P.W. 1 Narendra Singh was cross examined, thereafter, the examination in chief and cross examination of P.W. 2 Harveer Singh was also recor
(3.) Thereafter, fresh application under section 319 Cr.P.C. was moved by the first informant through A.D.G.C.( Criminal) with a prayer to summon the applicant to face the trial. During the pendency of the above mentioned application the Sessions Trial of the present case and its cross case was transferred to the court of Additional Sessions Court No. 4 Bulandshahar by the District Judge, Bulandshahar. The learned Additional Sessions Judge, Court No. 1 after considering the deposition of P.W. 1 and P.W. 2 passed the impugned order dated 20.11.2008 by which the application under section 319 Cr.P.C. was allowed and the applicant was summoned to face the trial. 5. The impugned order dated 20.11.2008 has been challenged by the applicant before this court by way of filing the present application under section 482 Cr.P.C. It is contended by the learned counsel for the applicant :;