SURESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 18.09.1990 passed by the Court 1st ACJM, Mainpuri in criminal appeal no. 162 of 1990 (State Vs. Ram Asrey and others) under Sec. 323/325/34 IPC, P.S. Bewar, District Manipur, by which revisionist Suresh Singh was summoned under Sec. 319 Crimial P.C. The impugned order reads as under:

(2.) From perusal of impugned order, this submission of learned counsel for the revisionist is found acceptable that this is not speaking and reasoned order, which shows that no application of judicial mind.

(3.) It is expected from the trial court that at the time of passing order of cognizance or passing order of summoning under Sec. 319 Crimial P.C., judicial mind should be applied and reasoned order should not be passed. Sec. 319 reads that where, in the course of any enquiry into, or trial of, an 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.