RAM NIWAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under S.482, Cr. P.C. by Ram Niwas praying that order dt. 17-6-1988 passed by IX Addl. Sessions Judge, Aligarh, in Sessions Trial No. 926 of 1987 (under S.302/ 34, IPC) summoning the applicant as an accused in exercise of powers conferred through S.319, Cr. P.C., be quashed.

(2.) It appears that on 22-5-1987, one Smt. Ram Devi lodged an F.I.R. at P.S. Mursan, District Aligarh to the effect that Tofaram, her husband was assaulted by lathi at the behest of the applicant Ram Niwas and three other accused namely Nanak Chand, Ram Babu and Smt. Prema. Though this F.I.R. was initially taken down under S.323, IPC, on the death of Tofaram, it was converted into S.304, IPC. After investigations, the police submitted a charge-sheet only against Nanak Chand, Ram Babu and Smt. Prema. The applicant was excluded and a Final Report was filed against him. After due committal proceedings, the said three accused were being tried by the IX Addl. Sessions Judge, (now IVth) and during the trial P.W. 1 Nanhuwa and P.W. 2 Smt. Ram Devi were examined. True copies of their statements have been filed as Annexure 3 and Annexure 4 to the supporting affidavit.

(3.) After the said two statements very recorded, an application appears to have been moved on behalf of the prosecution that since from the said evidence complicity of the applicant Ram Niwas was more than apparent, he be summoned as an accused in exercise of the powers under S.319, Cr. P.C. The trial Judge proceeded to pass the following order which has been impugned in this application seeking exercise of inherent powers of this Court :- "Perused the statements of P.Ws. Examined F.I.R. as well as Case Dairy, A prima facie case to proceed against accused Ram Niwas appears to be made out. Summon accused Ram Niwas to face the trial as prayed. Issue summons against the accused Ram Niwas. Fix 8-7-88 for appearance of accused Ram Niwas." It further appears that on 8-7-1988 the applicant Ram Niwas was absent and on the application of the public prosecutor non bailable-warrant was issued against the applicant.