Court No. - 49
Case :- APPLICATION U/S 482 No. - 28558 of 2018 Applicant :- Dr. Hemant Kumar Singh Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Sayed Mohd. Abbas Naqvi,Majahar Ali Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed to quash the summoning order dated 26.7.2018 passed by the learned IIIrd Additional District Session Judge, Varanasi, whereby summoned the applicant for deposing the evidence in the aforesaid session trial no. 617 of 2017.
Learned counsel for the applicant submits that the applicant is a Neuro Physician and that he has been unnecessarily twice summoned as a witness in a case instituted by the opposite party no.2 against opposite party nos. 3 to 7 in connection with the dowry death of his daughter.
Upon being similarly summoned in the aforesaid case, the applicant had earlier filed an application on 28.9.2017 to be discharged from appearing as a witness. On that application, an order dated 8.11.2017 has been passed upon no objection being raised either the prosecution or the defence. The applicant was thus discharged. Subsequently, another application has been filed on behalf of prosecution on which by a non-speaking order the applicant has again been summoned without considering the earlier order.
No useful purpose would be served in keeping the application pending any further.
In the peculiar facts and circumstance, the applicant is permitted to file proper application through counsel before the learned court below to recall the order dated 26.7.2018, which may be decided, in accordance with law by reasoned and speaking order.
It is made clear, in the event of such an application being filed by the applicant within two weeks from today alongwith a certificate copy of this order, no coercive measure shall be adopted against the applicant, till disposal of such application.
The present application is disposed of.
Order Date :- 21.8.2018 Mini