MARGOOBUL HASAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment and order passed on 3-2-1988 by the IXth Additional Sessions Judge of Moradabad in Sessions Trial No.280 of 1987 (State v. Akbar and others) pending in his Court under S.307 I.P.C. whereby he has allowed an application moved by the State purporting to be under S.319 of the Cr.P.C. and directed that Margoobul Hassan be summoned as an accused in this case.

(2.) The learned counsel has placed on the record a certified copy of the statement of Riyazul Hasan, on the basis of which the application was moved on behalf of the State by the A.P.P. to summon Margoobui Hasan under S.319 Cr.P.C. A certified copy of this application has also been placed on the record.

(3.) The learned Counsel has argued that Margoobul Hasan was an accused in this case in the beginning and the police submitted a final report against him, which was accepted and therefore, he could not now be summoned under S.319 Cr.P.C. He has further said that the summoning order is based upon an incomplete statement of a witness, inasmuch as cross-examination has not been made, and hence, also the applicant could not be summoned under S.319 Cr.P.C.