PRAMOD KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the instant application moved under section 482 Cr.P.C., the applicant has invoked the inherent powers of this Court with a prayer to quash the order dated 09.07.2009 passed by the Additional Sessions Judge, Court No.6, Hardoi in S.T.No.465 of 2008 summoning the applicant under section 319 Cr.P.C. for trial with the accused persons.

(2.) HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The submission of the applicant's learned counsel is that though the applicant was named in the report of the incident with specific role of exhortation and firing but in the investigation of the case the naming of the applicant was found false as several persons had filed affidavits showing that at the time of incident the applicant was not present in the village and charge-sheet was not filed against him. However, during the trial complainant Pintoo Singh P.W.1 and Ajai Kumar Singh P.W.2 have stated about the presence and participation of the applicant in the incident and on the basis of the statement of these witnesses, the learned trial Court, on the application moved by the complainant, summoned the applicant under section 319 Cr.P.C. for trial along with the accused-persons through the impugned order.

(3.) ANOTHER Division Bench of the Apex Court in the case of Brindaban Das (supra), propounded the same principle and held that in matters relating to invocation of powers under section 319 CrPC, the Court is not merely required to take note of the fact that the name of a person who has not been named as an accused in the FIR has surfaced during the trial, but the Court is also required to consider whether such evidence would be sufficient to convict the person being summoned. The Apex Court further observed that the fulcrum on which the invocation of section 319, CrPC rests is whether the summoning of persons other than the named accused would make such a difference to the prosecution as would enable it not only to prove its case but to also secure the conviction of the persons summoned.