RAM AWADH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri H. N. Singh and Sri B. N. Singh learned Counsels for the applicant and learned A. G. A,.

(2.) THIS application has been filed against the order dated 01-02-2005 passed by learned Sessions Judge, Sonbhadra in Session Trial No. 184 of 2004, State v. Matuk Lal & Ors. , under Sections 498-A and 304-B I. P. C. and Section 3/4 Dowry Prohibition Act, whereby the application under Section 319 Cr. P. C. filed by D. G. C. (Crl.) was allowed and the applicant Ram Awadh and co- accused Sikendar were summoned to face the trial under Sections 498-A and 304-B I. P. C and Section 3/4 Dowry Prohibition Act and non- bailable warrants were issued against the applicant and co- accused.

(3.) IT is further contended by the learned Counsel for the applicant that even according to the provisions of the Section 319 Cr P. C. the applicant cannot be summoned to face the trial because the crucial wordings of the Section 319 Cr. P. C. is that "any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. " In the present case the applicant was accused. He was named in the FIR. , but subsequently the charge-sheet was not submitted against him by the I. O. According to the provisions of Section 319 Cr. P. C any person not being the accused has committed any offence may be summoned to face the trial. The applicant was an accused in the above- mentioned offences, so he cannot be summoned, because if the accusation is made against any person, in FIR during investigation of this case, be becomes accused, during investigation also the words accused is used for him as evident from the perusal of the Section 167 & 169 Cr. P. C. If against that person charge-sheet is not submitted and no cognizance is taken by the learned Magistrate, even then that person shall be called accused. So the summoning order dated 1-2-2005 passed by the learned Sessions Judge, Sonbhadra in Sessions Trial No. 184 of 2004 is illegal and is liable to be set aside.