Court No. - 42
Case :- APPLICATION U/S 482 No. - 23026 of 2019 Applicant :- Santosh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A for the State.
The present application under Section 482 Cr.P.C has been filed to quash the order dated 28.5.2019 passed by Additional Sessions Judge, Court No. 7, Aligarh, in S.T. No. 1136 of 2003 (Santosh and another Vs. State) , arising out of Case Crime No. 182 of 2001 under Section 307 IPC, P.S. Iglas District Aligarh.
By the impugned order dated 28.5.2019 the trial court has closed the evidence of the defence on the ground that the doctors B.P. Sharma and V.K. Singh have not been produced in evidence. The applicants have brought on record their application dated 28.5.2019 wherein it has been stated that on account of non-sending of the summons to the doctors by the office of the court they could not appear and there was no fault on their part.
The order dated 28.5.2019 passed by the court below is hereby set aside and the court below is directed to secure the presence of the aforesaid witnesses by issuing summons afresh and providing opportunity of evidence to the defence.
With the aforesaid observation this application stands disposed of.
Order Date :- 24.6.2019/Nadeem Ahmad