Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated 5.5.2009 passed by learned Addl. Sessions Judge/ FTC-4, Gonda in S.T. No. 209 of 2001 whereby the application filed by the applicant under section 319 Cr.P.C. has been rejected.
From the perusal of the impugned order it appears that this application has been filed after evidence of P.W. 1, 2 and 3. The statement of P.W. 1, 2 and 3 have been recorded so that the specific allegation has been made against the proposed accused. But the trial court has tried to analyze the issue at this stage which is illegal because at this stage, it has to decide that on the basis of the allegation made against the proposed accused prima facie offence is made out or not. The learned trial court has committed an error in passing the order dated 5.5.2009, therefore, the order dated 5.5.2009 is hereby set aside and it is directed that the learned trial court shall pass a fresh order in accordance with law.
With this direction, this application is finally disposed of.
Order Date :- 18.10.2011 RPD