Bala Krishna Narayana, J. - (1.) HEARD Sri Rajiv Lochan Shukla, learned Counsel for the revisionists , Sri S.S. Mishra for the O.P. No. 2 and learned A.G.A. for the State.
(2.) THIS revision is directed against the judgment order dated 14.1.2011 passed by Additional District & Sessions Judge, Court No. 8, Fatehpur in S.T. No. 148 to 149 and 584 of 2008 arising out of Case Crime No. 194 of 2007, under Sections 147, 148, 149, 302, 504 and 506 I,P.C., Police Station Hussainganj, District Fatehpur, whereby the revisionists were summoned under Section 319 Code of Criminal Procedure to face trial. Learned Counsel for the revisionists submitted that the Court below while summoning the revisionists as additional accused has committed illegality in placing reliance upon the case diary and the other material collected during investigation instead of considering the evidence which were adduced before the Court. He next submitted the Apex Court in the Case of Y. Saraba Reddy v. Puthur Rami Reddy reported in : 2007 6 SCALE 555 has held that: Such person even though had initially been named in the F.I.R. as an accused, but not charge sheeted, can also be added to face the trial. The trial court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge sheet or the case diary, because such materials contained in the charge sheet or the case diary do not constitute evidence.
(3.) PER contra learned A.G.A. made his submissions in support of the impugned order.;