BASANT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. This criminal revision at the instance of accused Basant Kumar son of Gaya Prasad is directed against the order dated 17-10-1988 passed by Sri H. L. Kureel, the then Additional Sessions Judge, Ghazipur whereby he summoned the revisionist under Section 319 Cr. P. C. to face trial alongwith others in S. T. No. 31 of 1988.

(2.) IT appears that an application was moved by the informant for summoning the revisionist to face trial alongwith other accused under Section 319 Cr. P. C. Prior to that the prosecution had examined Smt. Chandra Prabha as P. W. 1 but she was not cross- examined till then. An objection was filed that unless the witness was cross-examined, the Court could not exercise its powers under Section 319 Cr. P. C. Moreover, Basant Kumar was on duty on the impugned date of the incident. After hearing learned counsel for the parties, learned Judge exercising his powers under Section 319 Cr. P. C. summoned the revisionist to face trial. Hence this revision.

(3.) THE revision is hereby dismissed and the stay order dated 25-11-1988 stands vacated.