- (1.) AMAR Saran, J. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been filed against the order dated 9-8-2004 passed by the Additional District and Sessions Judge-IV, Mathura, in S. T. No. 847 of 2003, State v. Uppe alias Upendra and Ors. , under Sections 147/148/ 149/302 IPC, police station Kotwali, District Mathura, whereby the applicant had been summoned under Section 319 of the Code.
(2.) I have heard Shri G. S. Hajela, learned Counsel for the applicant, Shri S. P. Singh, learned Counsel for opposite party No. 2 and learned Additional Government Advocate. The brief facts of the case are that an FIR was lodged by the informant Anil Seth on 12-7-2003 at about 10. 05 a. m. alleging that on the same day at about 8. 45 p. m. when the informant's maternal uncle Ballabh Chaubey was returning after worshiping Charchika Devi, near the Pan shop of Chaturvedi, the accused, who laid an ambush, emerged carrying arms and on the exhortation of the applicant Uma Kant Chaturvedi that Ballabh Chaubey should be killed and he should not be spared, the three sons of Ganesh Chaubey and Pappu fired with their country made pistols on the deceased in the presence of the informant resulting in his death. The miscreants ran away alongwith the applicant. However, after investigation, the police submitted a charge-sheet against Pappu alias Surendra, Antu alias Anant, Chauwan alias Krishna Kumar and Uppe alias Upendra, but kept the investigation against the applicant pending.
(3.) AFTER recording the examination-in-chief of the informant P. W. 1 Anil Seth on 9-6-2004, an application was moved under Section 319 of the Code for summoning the applicant. It was mentioned in the application that special role had been given to the applicant in the FIR, but due to his influence, the police has not submitted a charge-sheet against him. The witnesses clearly specified the role of the applicant in the incident. After hearing A. D. G. C. (Criminal) on the informant's application and Counsel for the informant and perusing the record and the case diary, the trial Court has summoned the applicant under Section 319 Cr. P. C.;