CHANDRA MUKHI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Heard learned coun sel for the revisionist and the learned A. G. A. for opposite party No. 1-State.

(2.) THE revisionist is the complainant in S. T. No. 474 of 1983 State v Jaipal under Section 302, IPC pending in the Court of 1st Addl. Sessions Judge, Aligarh. P. W. 1 Chandramukhi and P. W. 2 Khachor Singh were examined in the case wherein the name of opposite party No. 3 Sohan Singh also figured as one of the culprits of the crime as the person who exhorted the main assailant Jaipal who murdered the deceased- Raghunath Singh. THEreafter, the State made an application under Sec tion 319, Cr. P. C. to summon Sohan Singh also as co-accused. By order dated 10-7-1984, the Court below allowed the said application made by the State under Sec tion 319, Cr. P. C. THEreafter, it recalled the earlier order dated 10-7-1984 by the impugned order dated 23-7-1984 on the ground that the earlier order had been obtained by the Reader without hearing the parties' counsel. THE complainant has challenged this order dated 23-7-1984 passed by the Court below.

(3.) THE office shall send a copy of this order to the 1st Addl. Sessions Judge, Aligarh for needful action as per law. Revision allowed. .