ABDUL SALAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Section 482, Cr. P. C. has been filed for setting aside the order dated 5-6-2002 passed in Sessions Trial No. 535 of 2000 State of U. P. v. Bhoora and others summoning the applicant for trial along with other accused.

(2.) An F.I.R. was lodged by opposite party No. 2 against four unknown persons with the allegations that on 28-9-1999 at about 8 a.m. four unknown persons abducted his brother Pramod. On the basis of above F.I.R. a case at crime No. 557 of 1999 under Section 364, I.P.C. was registered at P. S. Deoband, district Saharanpur. After investigation police submitted charge-sheet against three persons namely Bhoora @ Meharban, Munshi @ Mursalin and Usman under Sections 364/120-B, I.P.C. The cognizance was taken against above persons by the Magistrate and the case was committed to the Court of Sessions.

(3.) Before Sessions Judge, an application was moved by the prosecution for summoning applicant Abdul Salam in the case for trial along with other co-accused mainly on the ground that he was also involved in the offence.