J.P.Semwal, J. - (1.) This revision is directed against the order dated 28.11.1988 of the Chief Judicial Magistrate, Allahabad, refusing to summon Smt. Chander Roshni Dubey, Smt. Arti Dubey and Km. Anju Dubey, respondents 1 to 3 under S. 319, Cr. P.C. This revision is being disposed of at the stage of admission.
(2.) According to the admitted facts, Smt. Raj Kumari Mishra had lodged report against seven persons including afore-mentioned three respondents 1 to 3 under Section 498-A, I.P.C. and Section 4 of the Prevention of Dowry Act. The Investigating Officer submitted final report against the aforementioned three respondents, and submitted charge sheet only against four accused persons leaving respondents 1 to 3. An application was made by the prosecution for summoning the aforementioned respondents 1 to 3 under Section 319, Cr. P.C. on the ground that there is evidence against the said respondents in the statements of Smt. Kumari Mishra, P.W. 1 and Smt. Shobha Devi, P.W. 2. This application was opposed by the accused. The learned Magistrate after considering the evidence refused to summon respondents 1 to 3 under S. 319, Cr. P.C. Aggrieved by this order, the revisionist complainant has preferred this revision.
(3.) I have heard the learned Counsel for the parties and have perused the record of the case. Section 319, Cr. P.C. reads as follows: (1) Where, in the course of any inquiry into, or trial of, an offence it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then- (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused when the Court took cognizance of the offence upon which the inquiry or trial was commenced.;