RAM SWAROOP Vs. STATE

JUDGEMENT

(1.) In this criminal miscellaneous petition, under section 482 of the Code of Criminal Procedure (the Code for short), the only question involved for the determination of this court is : "Whether a Magistrate without itself recording evidence after the framing of the charge, can summon a person not named in the police report presented under section 173 of the Code to stand trial alongwith those already named therein, in exercise of powers conferred by section 319 of the Code. - This moot question of law arises in the context of the following allegations :

(2.) A dispute arose in between the parties pursuant to which Smt. Sarupi Devi lodged a report in the police on the same day involving Smt. Sharda Devi (named in the police report) and also her husband, Ram Sarup, not named therein, having participated in the commission of the offence of assaulting her and thereby voluntarily causing hurt father. The police investigated the matter and filed challan under section 173 of the Code before the Magistrate against Smt. Sharda Devi accused alone, for the commission of the offence under sections 325 and 506, I. P. C. The Magistrate took cognizance and in his opinion there existed sufficient grounds for proceeding against Smt, Sharda Devi. He, therefore, issued process against said Smt. Sharda Devi. She put in appearance before the court, charge was framed against her and the case was then adjourned for recording the prosecution evidence, it being a warrant case.

(3.) The prosecution thereafter moved an application under section 319 of the Code with a prayer that Shri Ram Sarup be also ordered to be impleaded as co -accused in the case as there is sufficient material collected by the police which is exhibited by the challan to prima facie hold the accused liable for (he alleged offence It was averred that inadvertantly his name had not been shown as accused in the challan so filed before the court.