AWADHESH YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner seeks quashing of the order dated 21.2.2012 passed by the FTC No. 5, Siwan, in Sessions Trial No. 193 of 2010 by which he has summoned the Petitioner to face trial under Section 319 Cr.P.C.

(2.) It has been submitted on behalf of the Petitioner that he was not named in the First Information Report nor during entire investigation, but he was subsequently named by four witnesses during trial as one of the assailants of the deceased. In his submission, the statements are clearly improvement and have no evidentiary value and, therefore, the order of the Court below is fit to be set aside.

(3.) On the other hand, counsel for the Informant submits that the Petitioner is named in the further statement of the Informant recorded in paragraph-6 of the case diary, supervision note as well as Panchnama prepared at Gorakhpur where the deceased was being treated. Further, he has placed reliance on a decision of the Supreme Court (Y. Saraba Reddy V/s. Puthur Ravi Reddy and Another, 2007 4 PLJR(SC) 144), wherein, it was decided by the Apex Court that the Trial Court should confine itself to the materials adduced during trial to decide the issue of summoning an additional accused under Section 319 Cr.P.C. without looking into the case diary.