UDAMI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner challenging the order dated 25.1.2010 passed by the learned Addl. Sessions Judge No.1, Udaipur in Sessions Case No. 9/2008 whereby the learned Addl. Sessions Judge has taken cognizance against the petitioner for the offence under Section 135 of the Rajasthan Electricity Act.

(2.) The short question involved in the instant revision is as to whether the Sessions Court has power to summon the petitioner as an additional accused without recording evidence.

(3.) Learned counsel for the petitioner while referring to the provision of Section 319 Cr.P.C. and the judgment of the Apex Court in the case of Kishun Singh and Ors. v. State of Bihar, 1993 2 SCC 16submits that in this case the evidence of the prosecution had been started pursuant to the framing of charges and thus the Sessions Court had no power to summon the additional accused without recording evidence. He thus submits that the order impugned is absolutely illegal and deserves to be quashed.