Vijay Kumar Verma - (1.) HEARD Sri A. P. Mishra, advocate, appearing for the applicant and A.G.A. for the State.
(2.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short 'the Cr. P.C.'), prayer to quash the order dated 9.3.2009, passed by Additional Sessions Judge, Court No. 12, Bulandshahr, in S.T. No. 1015 of 2007, State v. Ganga Das and others, under Sections 364/34, 302/34 and 201, I.P.C. P. S. Kotwali Dehat, district Bulandshahr, has been made. By the impugned order (Annexure-14), the applicant Prem Chand has been summoned to face the trial under Sections 364/34, 302/34 and 201, I.P.C. in S.T. No. 1015 of 2007, State v. Ganga Das and others, exercising the power under Section 319, Cr. P.C. From the record, it transpires that after investigation of the case registered at Crime No. 81A/305A of 2007, under Sections 364, 302 and 201, I.P.C. at P.S. Kotwali Dehat, Bulandshahr, charge-sheet was not submitted against the applicant Prem Chand, although he was named in the F.I.R., which was lodged by Dharm Singh s/o Gyan Chand. The said F.I.R. was lodged about kidnapping of Jogendra son of the complainant by the accused Ganga Das, Jagdish, Mahipal and Prem Chand (applicant herein) on 26.4.2007 and committing his murder. The dead body of deceased was found lying on 28.4.2007 near railway track in between Dadari and Maripat railway stations. On the case being committed to the court of session for trial against charge-sheeted accused S.T. No. 1015 of 2007 was registered, in which after examination of the witnesses Dharm Singh, Smt. Prakasho and Ram Kishan an application bearing No. 22B was moved on behalf of prosecution under Section 319, Cr. P.C. to summon the accused Prem Chand for trial. After hearing parties counsel, the court below, vide impugned order dated 9.3.2009 allowed the application and summoned the applicant to face the trial as mentioned hereinabove.
(3.) THE first and foremost submission made by learned counsel is that the applicant Prem Chand is serving in Central Industrial Security Force (in short 'the C.I.S.F.') and he was performing his duty in Delhi on the day of incident and hence, there was no occasion for him to participate in the incident of kidnapping and committing murder of the deceased Jogendra and since the court below has ignored the material evidence collected by the Investigating Officer during investigation and has passed the impugned order merely on the basis of statements of the witnesses Dharm Singh, Smt. Prakasho and Ram Kishan, hence the impugned order being illegal, should be set aside. For this submission, my attention was drawn towards the entries (Annexure-6) made on 20.12.2007 in the case diary of Case Crime No. 305 of 2007, under Sections 364, 302 and 201, I.P.C. My attention has also been drawn towards the identity card (Annexure-7) of the applicant Prem Chand to show that he is serving in C.I.S.F. and attendance roll (paper No. 33). In response, the learned A.G.A. has submitted that the applicant was named in the F.I.R. and his complicity in the alleged incident is prima facie established on the basis of the statements of the witnesses examined by prosecution in trial court and hence interference in the impugned order would not be justified.;