SARFRAZ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE petitioner is aggrieved by an order passed by the Additional session Judge dated 6th February, 2007 whereby, the application moved by the complainant i. e. the present petitioner, requesting the Sessions Judge to take cognizance of the offence of murder of his father against Yusuf, Ashfaq, imran, Ms. Afsari and Ms. Salma who had been discharged by the Sessions court vide its earlier order dated 7th February, 2001 on the ground that evidence which came up for consideration in terms of the report under section 173 Crpc does not make out a case against them. The said order which was passed by the Additional Sessions Judge on 7th February, 2001 was assailed by the present petitioner by filing a Revision petition before this court registered as Criminal Revision Petition No. 109/2001 and the said revision petition was disposed of by Honble Mr. Justice R. S. Sodhi as his lordship then was by passing the following order:

(2.) IT is the case of the petitioner that in terms of the aforesaid directions, he moved an application before the trial judge which has been dismissed by the impugned order dated 06. 02. 2007. The relevant portion of the order which is subject matter of the present revision petition is as under:

(3.) THE petitioner submits that this order of the learned Additional sessions Judge is not tenable in view of the order of this Court whereby directions were given to consider the question of summoning other persons named in the application based upon the evidence which has come on record. It is also submitted that once during evidence anything comes on record as disclosed by the petitioner in his application, it was incumbent upon the Additional Sessions Judge to have acted under Section 319 Cr. P. C. and summon the accused person name in the application.