- (1.) V. K. Chaturvedi, J. Feeling aggrieved by the judgment and order dated 19-4-2001 passed by the Special Judge (E. C. Act), Banda in S. T. No. 462/95, State v. Raja Ram and others, under Sections 302 and 201 IPC, by which revisionist has been summoned by Court while exercising powers under Section 319, Cr. P. C. , the present revision has been preferred.
(2.) HEARD Mr. V. B. Rao, learned Counsel for the revisionist and learned A. G. A. It is contended by Mr. Rao that from the evidence which has been collected during trial of other accused persons, there is no possibility or chance of conviction of any of the accused including the revisionist and that when the trial is at the stage of judgment, the impugned order has been passed. It is further contended that except the statement of co-accused before police, there is no other evidence against the revisionist. Ram Lakhan-informant of this case, has filed Criminal Misc. Application No. 93/2001 and by order dated 27-3-2001 the said application was disposed of finally with the observation that "the trial Court shall pass appropriate order on the application moved by the prosecution under Section 319, Cr. P. C. after considering the statement of all the witnesses of fact within a period of one week from the date of presentation of a certified copy of the order. "
(3.) PURSUANT to the said order passed by this Court, the trial Court on 19-4-2001 on the application of the prosecution after perusing the statement of all the three witnesses namely Ram Lakhan (P. W. 1), Genda Lal (P. W.-2) and Major J. P. Singh (P. W.-4), has summoned the revisionist while exercising powers under Section 319, Cr. P. C. Having heard the learned Counsel and perusing the impugned order, in the opinion of this Court, the order impugned does not suffer from any illegality or infirmity.;