RAM RATI Vs. STATE

JUDGEMENT

(1.) The petitioners have challenged the order dated 24th of November,2010 passed by the Learned Additional Sessions Judge/F.T.C.,Court No. -8, Pratapgarh, whereby they have been summoned for trial under Sections 498-A/304-B/302 of Indian Penal Code and under Section 4 of Dowry Prohibition Act, 1961 in exercise of power provided under Section 319 Cr.P.C.. He submits that the the learned Sessions Court is under obligation to record its satisfaction for making out the case as well as regarding sufficiency of material for conviction.

(2.) In support of his submission, he cited the decision of the Hon'ble Supreme Court in the Case of Brindaban Das & Ors. v. State of West Bengal, 2009 AIR(SC) 1248 in which the Hon'ble Supreme Court has held that:- " The fulcrum on which the invocation of Section 319, Cr.P.C. 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."

(3.) Upon perusal of the contents of the charge sheet as well as statements of the witnesses, which have been considered by the Sessions Court, I am of the view that the petitioners have rightly been called upon as the evidences, which are to be led against them in support of statement of witnesses, if found proved they can be convicted. Therefore, no interference is warranted in the order impugned and the petition is dismissed.