GURU KUMAR VARMA Vs. CHANDRA BHAN JAIN

JUDGEMENT

(1.) A number of accused persons were arrayed as accused including one Bhagat. Bhagat was not served and the complainant then preferred an application that actually Bhagat is the alias of Guru Kumar Verma and summons be issued accordingly. The Magistrate then directed that Bhagat alias Guru Kumar Varma be summoned. A revision was filed and that too was dismissed.

(2.) IT is urged that actually such an order could be passed only under Section 319 CrPC. I do not find any force in such argument. Section 319 CrPC, provides for summoning of a person, who is not an accused initially. In fact, according to the prosecution stand, the applicant is an accused from the very inception and Guru Kumar and Bhagat are the same person.