- (1.) HEARD .
(2.) THIS revision is directed against the order dated 7-7-2001 passed by Additional Sessions Judge, Banda (Fast Track Court) in Session trial No.63/1997 whereby the present applicants have been summoned as accused persons to face their trial alongwith the accused who is already before the Court. This order has been passed in exercise of powers conferred on the Sessions Judge under S.319 Cr. P.C. It has been submitted by the applicants counsel that the applicants were nominated in the First Information Report but the investigating officer found no case against them and thus submitted charge sheet only against the husband of deceased. However after the statement of P.W.1 was recorded during trial, an application was moved for summoning the present applicants as accused because P.W.1 in his statement on oath has clearly stated facts leading to the 'dowry death' of the deceased and also named the present applicants.
(3.) IT has been submitted by learned counsel for the applicants that in a case where an accused was nominated in the First Information Report but was not charge sheeted, in relation to such person powers under S.319 Cr. P.C. cannot be invoked and in support of his submission he placed reliance upon a Single Judge decision of this Court in Pradeep Kumar v. State of U.P., 2001 (42) A.C.C. 1021 and the Apex Court decision in Michael Machado v. C.B.I., (S.C.) 2000 (40) A.C.C. 795 : AIR 2000 SC 1127.;