DHOOM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned A.G.A. for the State.

(2.) THE applicant has placed on record the certified copy of the order of the Trial Court / Additional Chief Judicial Magistrate, Amroha dated 20.2.2014 impugned in this petition.

(3.) THE FIR was lodged against the petitioner under sections 409, 420, 467, 468, 471 IPC. After investigation charge sheet was submitted against the petitioner only under section 409 IPC. Charge was framed and the trial commenced. The Trail Court after completion of the evidence and upon hearing learned counsels for the parties reserved the judgment in the case. On the date fixed for delivery of judgment the Trial Court was of the view that upon perusal of the complete evidence on record complicity of two other persons namely Janak Singh, the Reserve Inspector and Sri Sheel Kumar, the then Circle Officer, Police Lines was involved and a prima facie case under sections 409, 420, 467, 468, 471 IPC was made out against them as such summoned them. It also recorded that even the petitioner is liable to be tried under other sections of the IPC mentioned above. Aggrieved by the said order the petitioner preferred a revision which has since been dismissed by the District and Sessions Judge by order dated 28.4.2014. The Sessions Judge also recorded that once the Trial Court was satisfied on the material evidence on record about the complicity of the other two persons and also the involvement of the other sections on the petitioner, there was no jurisdictional irregularity warranting interference in revisional jurisdiction. It need not be emphasized that under section 319 Cr.P.C. the Trial Court at any stage upon consideration of the evidence may summon any person against whom it is satisfied that a prima face case is made out.