VED PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under Section 482 read with Sections 397/401 of the Criminal Procedure Code is directed against the order dated 16.7.2015 passed by learned Additional Sessions Judge-I, Kangra at Dharamshala, whereby he affirmed the order passed by learned trial Magistrate and allowed the application of the State for summoning the petitioner as a coaccused.

(2.) The instant case is one where the learned Courts below have completely misread the statement of the complainant under Section 154 Cr.P.C. and committed the same mistake while appreciating her statement recorded in the Court to come to the conclusion that the petitioner had been specifically named by her in both these statements. The relevant portion of the order passed by the learned Magistrate on 22.9.2007 reads as under:

(3.) Surprisingly, the learned Additional Sessions Judge, without caring to go through the records of the case concluded as follows: