VED PAL ALIAS VIKRAM Vs. STATE NCT DELHI

JUDGEMENT

(1.) This is a petition under Section 482 read with Section 223 CrPC for setting aside the orders dated 17th August, 2007 and 25th September, 2007, passed by the learned trial court with the prayer that the trial court be directed to try the case of present petitioners alongwith the case of co-accused Sohannvir Singh jointly.

(2.) Initially the charge sheet against the present petitioners was filed under Section 302/201/34 IPC and co-accused Sohanvir Singh was shown as an accused in column no.2 and was not sent up for the trial.

(3.) On 8th September, 2004 when the case was fixed for recording of defence evidence, learned APP pointed out that c-accused Sohanvir Singh despite his being named in the FIR has not been summoned. After hearing the learned PP and perusing the record, the learned ASJ summoned co-accused Sohanvir Singh under Section 319 CrPC.