STATE Vs. CHANDER SHEKHAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 11. 10. 2006 passed by the learned Additional Sessions Judge whereby the ASJ, after summoning one Shammi Kumar a witness cited by prosecution as accused under Section 319 Cr. P. C. vide his order dated 20. 9. 2006 not only discharged him, but after recording the statement of Shammi Kumar under Section 313a Cr. P. C. he also discharged chander Shekhar an accused who was sent for trial along with other accused persons to face a charge under Section 29 of Arms Act.

(2.) IT is submitted by the learned APP that both the orders dated 20. 9. 2006 and 11. 10. 2006 are not sustainable in law for the reason that for summoning any additional accused the procedure has been prescribed under Section 319 Cr. P. C. which reads as under:-Section 319 Power to proceed against other persons appearing to be guilty of offence-

(3.) AS no evidence had come on record, the orders summoning shammi Kumar was illegal and therefore his statement under Section 313a Cr. P. C. also could not have been recorded.