MAHENDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE present Criminal Revision has been filed against the order dated 29-7-2008 passed by learned Additional Sessions judge/f. T. Court No. 2 Azamgarh summoning the applicants in exercise of power under section 319 Cr. P. C. to face trial under sections 323, 324, 509, 504, 506 and 3 (1) (10) SC/st Act, in ST. No. 322/06 (State v. Suresh ).

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

(3.) LEARNED counsel for the applicants submitted that the applicants were falsely implicated by opposite party No. 2 Sushil and during investigation it was found that the applicants were falsely implicated and the charge sheet was submitted only against suresh Yadav under Sections 504, 506, 509, 323, 324 I. P. C. Thereafter, during trial after statement of PW-1 Shushil, applicants were summoned under section 319 Cr. P. C. to face the trial. He has challenged the summoning order on the ground that no accused can be summoned under Section 319 Cr. P. C. without cross examination of the witnesses. In support of his argument he has relied the judgment of the Apex Court passed in the case of Mohd. Shafi v. Mohd. Rafiq and another reported in 2007 (52) Alld Crl. C. 254 (SC) : (2007 (4) ALJ 317) decided on 9-4-2007 and the judgment of learned Single judge of this High Court reported in 2008 (1) U. P. Cr. Rulings 501 Miss. Aase jorgensen and another y. State of U. P. which was passed relying the judgment of mohd. Shafi.