KAMLA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is filed against the order dt. 24.1.94 whereby the Court of Second Additional Sessions Judge, Durg in Criminal Revision No. 227/90, dismissed the revision petition against the order dt. 25.5.90 and 26.5.90 of J.M.F.C, Durg in Criminal Case No. 1514/89 pending before him. The Magistrate has passed an order purporting to be under section 319 CrPC that application of the accused Narottam Lal (who is respondent No. 2 before this Court) directing that Kamla Bai, the present petitioner (who was cited as a witness in Criminal Case before the Magistrate) be summoned as a co -accused. The facts of the crime were as under - -

(2.) WHEN evidence was being recorded, the accused Narottam (who is respondent No. 2 here) filed an application u/s 319 CrPC and on concession by the A.P.P., that was accepted by the Magistrate and Kamla Bai, the present petitioner, was summoned as a co -accused.

(3.) THE confirming order of the Additional Sessions Judge and the order of the Magistrate deserves to be set aside straight away. These orders are set aside and the petition u/s 319 CrPC is dismissed. Kamlabai cannot be arrayed as an accused to be tried in this case.