SITARAM YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this revision petition a challenge has been made to the order dated 2.2.2010 whereby application moved under Section 319 CrPC has been allowed.

(2.) THE only argument urged by learned Counsel for the petitioner is that after consideration of evidence the matter was kept for final arguments however arguments could not be taken place. An application under Section 319 CrPC was moved by the complainant with a prayer that accused Sitaram, the petitioner herein, may be summoned as an accused. It has come during evidence that accused petitioner was also involved in the commission of offence. Reference of evidence of a witness was given in specific terms and accordingly the Court, considering the application, took cognizance against Sitaram -petitioner.

(3.) LEARNED PP on the other hand opposed the revision and submits that the order impugned herein has rightly been passed thus this Court may not interfere in it. It was however agreed that PW -4 Prithviraj was declared hostile and so far as PW - 6 Satya Narayan Gurjar is concerned he has not stated that the petitioner has caused occurrence rather as per his statement petitioner run away from the place of occurrence.