DAMJIBHAI BACHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.C.L.Soni, learned advocate for the revisioner and Mr. Trivedi, learned APP.

(2.) The revisioner herein challenges the order passed by the learned Sessions Judge, Rajkot in exercise of powers under Section 319 of Cr.P.C. in Sessions Case No : 152 of 1997 below application tendered by the original complainant to join the present revisioner as an accused. The learned Sessions Judge was pleased to allow the application and ordered that the present revisioner be joined as an accused.

(3.) Mr.Soni challenges this order only on the basis of the decision of the Apex Court on the ground that before the learned Sessions Court, recording of evidence has not begun and without recording evidence, the Sessions Court could not have exercised powers under Section 319 of the Cr.P.C. In support of his say, he has placed reliance on a decision rendered in case of Ranjeet Singh Vs. State of Punjab, AIR 1998 SC 3148.