CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. This revision under Section 397, Cr. P. C. , is directed against an order under Section 319, Cr. P. C. passed by the II Additional Sessions Judge, Banda, in Sessions Trial No. 35 of 1989, under Sections 307/325, I. P. C. State v. Sudas and others, summoning revisionists Chandra Pal Singh and one Lakhan Singh.

(2.) IT is not disputed that revisionist Chandra Pal Singh is President of Zila Parishad, Banda. In first information report lodged by complaint Shiv Raj Singh on 5th June, 1988, allegations were that at about 9. 30 a. m. on the same day when the complainant and his men went to cast votes, supporters of candidate of Matganjan on the order of Chandra Pal Singh, Sudas, Shyamlal and Ravendra Singh started quarrelling. They used their weapons, resulting into injuries to complaint and others. Witnesses rescued them. After investi gation, charge-sheet was filed against Sudas, Shyamlal and Ravindra Singh only. IT was mentioned in the charge-sheet that investigation was proceeding against Lakahan Singh. But the charge-sheet was not filed against revisionist Chandra Pal Singh, Sudas, Shyamlal and Ravindra Singh were committed to Session for facing trial under Section 207, I. P. C. etc. " After these three accused were charged with different offences, the learned Additional Sessions Judge recorded evidence of complainant Shiv Ram Singh P. W. 1 and witness Shiv Raj Singh, P. W. 2. IT emerged in their evidence that the assault took place at the spot on the exhortation of Chandra Pal Singh. Complainant Shiv Ram Singh moved application for summoning Chandra Pal Singh and Lakhan Singh under Section 319, Cr. P. C. Learned Additional Sessions Judge, referred to evidence recorded before him and also the evidence in the case diary and summoned both Chandra Pal Singh and Lakhan Singh under Section 319, Cr. P. C.

(3.) ONE of the grounds of revision was that the revisionist was summon ed under Section 319, Cr. P. C. on the application of the complainant. But as noted above, this ground can have no substance.