NOOR MOHAMMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned senior counsel for the petitioners and the learned counsel for the State.

(2.) THIS application is directed against the order dated 17/09/2012, passed in S.T. No. 263/2010, whereby and whereunder these petitioners were summoned under Section 319 Cr. P.C. to face trial.

(3.) MR . Roy, learned senior counsel appearing for the petitioners submits no doubt that it is true that even the person, who has not been charge sheeted, can be summoned under Section 319 Cr. P.C., to face the trial if certain evidence showing culpability on the part of that person comes in, but certainly not on the basis of the statements made in the FIR and the statement of the witnesses recorded under Section 161 Cr. P.C. But, here the Court has taken into account the statements made in the FIR and also the statements of the witnesses, made under Section 161 Cr. P.C., which is quite illegal. However, it was submitted that the Court apart from those materials has also referred to about the evidence, but it is quite vague as it has simply been recorded that on oath there appears to be evidence against the petitioners.