AMAR SARAN, J. - (1.)HEARD Sri SPS Raghav, learned Senior Counsel for the applicant, Sri MK Misra, learned Counsel for opposite party No. 2 and learned AGA.
(2.)THIS application has been filed praying for setting aside the impugned order dated 28-1-2008, passed by Addl. Sessions Judge/FTC No. 4, Muzaffar Nagar in ST No. 1127 of 2007 : State v. Satish and others, by which the applicant has been summoned in a case under section 307 IPC in exercise of powers under section 319 Cr. P. C.
It has been contended by the learned counsel for the applicant that in this case the FIR was filed on 4-12-2000. After investigation a final report was submitted on 29-32001. However, re-investigation was ordered due to pressure of opposite party No. 2, but a final report was submitted the second time on 15-1-2002. It was only after a long time that a protest petition was filed and an order was passed on 28-2-2007 by JM I, Muzaffar Nagar, rejecting the final report and summoning the co-accused Satish and Shiv Kumar, who had been assigned the role of firing on the injured, Yagya Pal in his statement under section 161 Cr. P. C. However, the applicant was not summoned by the Magistrate.

(3.)IT is further argued that after the evidence of PW 1, Ved Pal, was recorded on 8-1-2008 and on an application moved by opposite party No. 2 under section 319 Cr. P. C. the impugned order has been passed on 28-1-2008 summoning the applicant.