RAM SUMIRAN Vs. STATE OF U P

JUDGEMENT

(1.) The applicants, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to set aside the summoning order dated 09.09.2010 passed by Additional Sessions Judge, Court No. 1, Barabankin in Sessions Trial No. 575 of 2009 arising out of Case Crime No. 798 of 2008 (State Vs. Ram Shanker and others), under sections 307, 504, 506 IPC, Police Station-Fatehpur, District-Barabanki.

(2.) The short matrix of the case is that the complainant Ram Chander, opposite party no. 2, lodged a written complaint in Police Station-Fatehpur, District-Barabanki, which was registered as Case Crime No. 798 of 2008 (State Vs. Ram Shanker and others), under sections 307, 504, 506 IPC with the allegations that the accused persons namely, Shankar, Ram Sumiran, Vidya Prasad and Ramesh, in furtherance of their common intention, caused injury by firearm to the complainant due to which he sustained firearm injury. After conclusion of investigation, a charge sheet was submitted against Ram Shankar only and the other co-accused have been exonerated by the investigation officer. Learned Magistrate after taking cognizance committed the case for trial to Sessions Court. During trial before the Sessions Judge, charge under section 307 IPC was framed against the accused, Ram Shanker. Prosecution examined PW-1, Ram Chander, complainant in support of its case. After that, the application under section 319 Cr.P.C. has been moved by the prosecution for summoning the other co-accused. The Additional Sessions Judge, Court No. 1, Barabanki after hearing the arguments of both sides allowed the prosecution application and summoned the applicants Ram Suminran, Vidya Prasad and Ramesh. Aggrieved by the said order the present application has been filed mainly on the ground that the summoning order passed under section 319 Cr.P.C. is illegal. The learned court has summoned the applicants by the impugned order without applying his judicial mind. No offence is made out against the applicants. The applicants were summoned without cross-examination of witnesses under section 319 Cr.P.C. The accused cannot be summoned.

(3.) Heard learned counsel for the applicant and learned AGA for the State as well as learned counsel for opposite party no. 2 and perused the record.