RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order dated 10-10- 1977, summoning the applicant under Sec. 411 IPC in case which was already pending, by invoking the powers under Section 319 CrPC (new). One Kapil Deo Singh was being tried on the charge that he had retained the stolen bullock belonging to the complainant, Arjun Ahir. In the defence he had stated that he purchased it from the present applicant, Rajendra Singh, brother of the accused and that he possessed a receipt for the same. In this case charge-sheet by the police was submitted against Kapil Deo Singh on 4-9-1972 and the charge had been read over to him on 12-7-1973. The trial had thus, started much before the commencement of the new Code. Evidence in this case was over on 23-9-1977 and the judgment was to be delivered on 7-10- 1977. The learned Magistrate instead of delivering the judgment, passed the impugned order on 10-10-1977.

(2.) THE learned counsel for the applicant has argued that the case was to be continued in accordance with the provisions of the Code of Criminal Procedure, 1898. Under the old CrPC the corresponding provision was Section 351. Under this provision a Court can detain a person, who was already in attendance and take cognizance against him and proceed. THE provisions of Section 351 (i) and (ii) corresponded to the provisions under Section 319 (iii) and (iv) (new). THE provisions under Section 319(1) and (2) are quite new. THEy are as follows :-