AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate.
(2.) BY means of this application the appli­cant has prayed for quashing of an order dated 11.1.2008 passed by the learned Additional Sessions Judge/Fast Track Court No. 2, Hathras in S.T. No. 207 of 2006, under sections 147, 302 and 323 IPC in exercise of powers under section 319 of the Code of Criminal Procedure. The impugned order has been passed on the basis of the statement-in-chief of the informant-Mahavir Singh, wherein it is alleged that in the night in question when the informant was sleeping in a room, his two wives and daughter Anju were also sleeping in the verandah. At that time Kirtan was going on in the Temple. After jumping over the roof, the applicant and co-accused Harish Chandra (who has already been charge-sheeted) ar­rived there along with two-three others and Harish Chandra fired on his wife Savitri and also gave him a beating and when he and his other wife raised a hue and cry, then the accused ran away. Savitri died at the spot. The incident is said to be wit­nessed by his second wife and daughter Anju. There was a dispute with the accused party over land and his nephew Harish Chandra was harassing him over the issue. On this basis the learned Judge reached the conclusion that there was sufficient material for proceeding against the applicant also.
(3.) IT is argued by the learned Coun­sel for the applicant that without cross-examination of the witnesses, the FIR could not be lodged.;