RAMA KANT TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) ARVIND Kumar Tripathi, J. The present Criminal Revision has been filed on behalf of the applicants against the judgment and order dated 7. 8. 2008 passed by the Special Judge, SC/st Act, F. T. C. No. 11, Banda under section 319 Cr. P. C. sum moning the applicants under sections 323, 504. 506 IPC and 3 (1) (i) SC/st Act, P. S. Bisanda, District Banda.

(2.) HEARD learned Counsel for the applicants and learned AGA and perused the record.

(3.) ANY person attending the Court although not under arrest or upon a sum mons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. Where the Court proceeds against any person under sub-section (1) then - (a) the proceedings in respect of such person shall be commenced afresh and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. From the aforesaid section it is crystal clear that under section 319 Cr. P. C. there is no provision for hearing the accused who has been pro posed to be summoned at any stage of inquiry and trial. If there is evidence against a third person against whom no charge sheet has been filed and prima facie com mission of offence is disclosed from the evidence and there is possibil ity and likelihood of the conviction then that person can be summoned under section 319 Cr. P. C. to face the trial.