RANGA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents.

(2.) The present criminal appeal has been filed against the order dtd. 15/1/2022 passed by the learned Special Judge, Azamgarh (SC/ST Act), in S.T. No.200 of 2014, arising out of Case Crime No.241 of 2013, under Ss. 147, 149, 302, 201, 120-B, 404 IPC and Sec. 3(2)5 of SC/ST Act, Police Station- Mehnazpur, District Azamgarh, whereby the appellant has been summoned by the court below in exercise of powers under Sec. 319 of the Code of Criminal Procedure, 1973.

(3.) Learned counsel for the appellant has sought to assail the order passed by the court below by referring to the factual aspects of the case to contend that the appellant has been falsely implicated in the criminal case. He has submitted that the jurisdiction under Sec. 319 of the Code is to be exercised in an extra-ordinary situation where there is a strong possibility of the conviction of the accused, who is proposed to be summoned, and the powers are not to be exercised in a routine manner. It is further pointed out that the Investigating Officer did not find any material against the appellant and no charge-sheet having been submitted against him, there was no further material on the basis of which the trial court could have summoned the appellant.