SHAFIQ Vs. STATE OF M P

JUDGEMENT

(1.) INITIALLY , the Police had filed a charge -sheet against the applicant also. The Session Court vide its order dt. 24.3.2000 had dis -charged the applicant. Lateron, statement of prosecutrix was recorded on oath on 24.7.2000 wherein she named the applicant. Lateron, an application u/s 319 of the Code of Criminal Procedure was filed by the prosecution and vide impugned order dt. 9.10.2000, the Session Court recalled the applicant. Obviously, the case is squarely covered by Sohan Lal and others v. State of Rajasthan : AIR 1990 SC 2158 and the applicant could not have been proceeded against under the provisions of section 319 of the said Code.

(2.) HE was held an accused in the Session trial. He was dis -charged without. framing charges. Such order has become final. In this respect, the observations of the Apex Court in the above quoted case at page 2166 -2167 are worth quoting :