KAMLA KANT MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) ADMIT . Issue notices. Learned counsel for the State takes notice. Heard the learned counsel for the parties.

(2.) THIS petition arises out of the order dated September 3, 1982, whereby the petitioner Kamla Kant alongwith Sri Ramesh Chandra Misra, have been summoned by the court below. The learned Magistrate has summoned them with the observations that having gone through the entire record there appears to be great suspicion against the petitioner Sri Kamla Kant Misra and Sri R.C. Misra. The court below summoned the accused petitioner in exercise of his powers under Section 319 Criminal Procedure Code which Jays down that wherein, in the course of any inquiry 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. In the instant case the court below does not say that the petitioner and Sri R.C. Misra appears to have committed any offence which is required to be tried alongwith the other accused. What he says is that there appears to be some suspicion against them. The least which can be said is that it is not possible to exercise powers under Section 319, Criminal Procedure Code merely on suspicion. Moreover, Ramesh Chandra Misra approached this Court in Criminal Misc Case No. 2070 of 1982 and this Court by its order dated September 18, 1985 has allowed his petition under Section 482 Criminal Procedure Code and quashed the order dated September 3, 1982 passed by the court below so far as it relates to Ramesh Chandra Misra. The ground and reasons on which the petition of Sri Ramesh Chandra Misra has been allowed are fully applicable to the present petition of Sri Kamla Kant Misra. The petition is consequently allowed and the order dated September 3, 1982 passed by the 8th Additional Munsif Magistrate, Faizabad in Criminal Case No. 87 of 1974 summoning the petitioner Kamla Kant Misra is quashed and petition is allowed accordingly.