MAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) LEARNED counsel for the petitioner contends that in a case u/s 395, 14 accused, persons were arrayed and the case was committed to the Court of Session though initially 16 persons were arrayed in FIR. The learned Additional Sessions Judge purporting to act u/s 193 CrPC directed that two persons namely Ramdas Kadera and Mahendra the applicant be joined in the trial. Learned counsel contended that the power u/s 193 CrPC could not be exercised by the learned Sessions Judge in view of the latest pronouncement in 1998 Criminal Law reporter (SC) 703 (Ranjit Singh v. State of Punjab) where three Hon'ble judges of the Apex Court took a view that power to array left out accused can be exercised only if evidence is taken during trial whose complicity in the commission of the trial can prima facie be gathered from the material available on record. In this case the Court specifically held that the law laid down in Kishun Singh v. State of Bihar, reported in 1993 (3) SC 186 is not the correct law.

(2.) LEARNED counsel contends that the proceedings so far as the petitioner is concerned be quashed.

(3.) IN this view of the matter the petition is allowed at the threshold. The impugned order directing summoning of the petitioner Mahendra Singh as well as Ramdas who has not approached this Court is against the law and is hereby quashed. It is further made clear that it will be open to the learned Sessions Judge to summon the present applicant as well as the other accused in exercise of the power u/s 319 CrPC if sufficient material contemplated u/s 395 IPC is available.