GANGIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The matter was heard on 22-7-1998.

(2.) By an order dated 13-1-1997 the Judicial Magistrate, First Court, at Varanasi in Crime No. 435 of 1993 the present applicants were summoned under S. 319, Cr. P.C. on the basis of certain statements made by certain witnesses in their examination-in-chief. The proceeding was initiated on a complaint after examination of the complainant and the witnesses. It was argued that the statements under Ss. 200 and 202, Cr. P.C. and those made under S. 244, Cr. P.C. were almost same and when after such evidence the Court had declined to summon the present applicants, such power could not have been exercised at a subsequent stage even under S. 319, Cr. P. C. It was further stated that an action under S. 319, Cr. P.C. could be taken after taking evidence and examination-in-chief could not be read as evidence as it was not complete by cross-examination.

(3.) So far the first objection is concerned, it could only be stated that even if the earlier order of the Magistrate in not summoning the present applicants amounted to dismissal of the complaint against them under S. 203, Cr. P.C., the same cannot act as a bar to their subsequent trial for the same offence as this dismissal of the complaint could not be read as an acquittal, as stated in the Explanation to S. 300, Cr. P.C.