RADHEY SHYAM MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application in revision against the order of the Second Additional Sessions Judge Jaunpur dated 22/1/1982 summoning the applicant under section 319 Criminal Procedure Code to stand his trial under section 396 Indian Penal Code along with the other co-accused in Sessions Trial No. 207 of 1917.

(2.) It appears that originally a charge-sheet was filed against Ramdhani Tewari, Babu Nandan, Rajpati Singh, Daya Shanker Pandey and Komal Tewari under section 396 Indian Penal Code in Crime No. 17 of 1977 Police Station Kerakat, district Jaunpur in the Court of the Chief Judicial Magistrate Jaunpur on 23/4/1977 and the case against the aforesaid accused was committed to the Court of Sessions. A supplementary charge-sheet was filed against the applicant in the Court of the Chief Judicial Magistrate, Jaunpur under section 396 Indian Penal Code of the aforesaid case. An application was thereafter filed on 23/11/1977 by the Assistant Public Prosecutor under section 321 Criminal Procedure Code for withdrawal of the prosecution of the applicant under section 396 Indian Penal Code which was allowed by the Chief Judicial Magistrate Jaunpur on the same day (23/11/1977). A revision was filed by Rajendra Kumar (P. W. 1) against the aforesaid order of the Chief Judicial Magistrate Jaunpur dated 23/11/1977 which was dismissed by the Third Additional Sessions Judge; Jaunpur on 21/1/1981. In the trial of the co-accused (Sessions Trial No. 207 of 1977) Rajendra Kumar (P.W. 1) was examined on 18/9/1981 in the Court of the Second Additional Sessions Judge, Jaunpur. In his statement he implicated the applicant in the aforesaid case alongwith the other co-accused. An application was thereafter moved by him under section 319 Criminal Procedure Code for proceeding against the applicant for the offence under section 396 Indian Penal Code committed by him along with the other co-accused which was allowed by the second Additional Sessions Judge, Jaunpur by his order dated 22/1/1982 and the applicant was summoned for 15/2/1982 to face his trial under section 396 Indian Penal Code in the aforesaid case.

(3.) Section 319(1) Criminal Procedure Code is as follows: Where, in the course of any inquiry into or trial of, ail offence, it appears from the evidence 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.