SATVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Can a Magistrate, in a case triable by Court of Sessions, summon a person not named in the charge-sheet under Section 319, Cr. P.C. and commit him to stand trial alongside the accused is the core question that arises for consideration in the instant petition.

(2.) This question emerges in the wake of circumstances set out below:

(3.) It will be useful at this juncture to consider the relevant statutory provisions. Section 209, Cr. P.C. provides thus: