DWARIKA PRASAD Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 482 CrPC praying that the order of the Munsif Magistrate, Fatehpur dated 8-10-1980 summoning the applicant under Section 39/40/44 of Indian Electricity Act and 379 IPC be quashed.

(2.) IT appears that a report under Sections 39/40/44 Indian Electricity Act and 379 IPC was lodged at Police Station Bindki, district Fatehpur on 29-2-1978 against the applicant and Sudhu. The police after investigating the case filed a charge- sheet against Sudhu under Section 379 IPC on 30-9-1978 in the Court of the Munsif-Magistrate Fatehpur. 1

(3.) IT is clear from a plain reading of Section 319 (1) and (2) CrPC that a person could be summoned for being tried together with the accused only if it appeared from the evidence in any inquiry or trial that he has committed an offence for which he could be tried along with the accused. In the present case no evidence appears to have been recorded by the learned Magistrate in the inquiry against Sudhu accused on the basis of the charge-sheet submitted against him. The applicant could not, therefore, be summoned under Sections 39/40/44 Indian Electricity Act and Section 379 IPC to stand his trial along with Sudhu accused. The order of the learned Magistrate dated 8-10-80 was, therefore, clearly illegal.