ANEETA Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) HEARD the learned counsel for the revisionist and the learned AGA for the State and perused the record.

(2.) THE revisionist Smt. Aneeta has preferred this revision against the order dated 27.7.2009 passed by the Additional Sessions Judge, Court No. 7, Badaun in ST No. 583 of 2007 whereby the learned Additional Sessions Judge has summoned the revisionist under Section 319, Cr.P.C. to face trial for the offence under Section 307 read with Section 34, I.P.C. alongwith other accused.

(3.) IT is settled law that the power under Section 319, Cr.P.C. can be exercised either on an application made to the Court or by the Court suo moto. The Court has power under Section 319, Cr.P.C. to proceed against any person not shown to an accused if it appears from the evidence that such person has also committed an offence for which he can be tried together with the accused. The main object underlying Section 319, Cr.P.C. is that the whole case against all accused should be tried and disposed of not only expeditiously but also simultaneously. Justice and convenience both require that cognizance against the newly added accused should be taken in the same case and in the same manner as against the original accused. It is, therefore, a matter of discretion of the Court to summon an accused under Section 319, Cr.P.C.