RAJIV YADAV Vs. STATE OF U P

JUDGEMENT

(1.) REVISIONIST Rajiv Yadav has assailed an order of the Sessions court by which the court issued process against him,as an accused person in the case while dealing with the case of some co-accused which had been committed for trial to the court of Session. The ground given by the Sessions Judge is that the REVISIONIST was nominated in the FIR and the witnesses named in FIR fully corroborated the story with regard to him as with regard to the other accused. The argument is that this order could be only under section 319 CrPC and so could only be passed on evidence recorded during the trial and not on the basis of the police papers.

(2.) AT the initial stage the Sessions Judge in a police challan case committed by a magistrate acts under section 227. Almost the whole material before the Sessions Judge at that stage consists of the documents referred to under section 172 CrPC. This matterial can be regarded as evidence in the larger sense for this is the basis on which the court acts at that stage for a limited purpose. However, section 319 empowers the court to proceed against a person not named as an accused.