B. Amit Sthalekar, J. - (1.) HEARD Sri V.M. Zaidi, learned Senior Counsel assisted by Sri Hitesh Pachori for the revisionist and Ms. Usha Kiran, learned A.G.A. for the State -respondent.
(2.) THE revisionist is seeking quashing of the order dated 27.6.2015 passed by the Additional Sessions Judge, court No. 3, Firozabad in S.T. No. 72 of 2008, State v. Ramdin and others, case crime No. C -16 of 2004, under Sections 147, 148, 149, 307, 504, 323 and 506 I.P.C., P.S. Fariha, District Firozabad whereby summons have been issued to the revisionist in view of the provisions of Section 319 Cr.P.C.. The submission of learned Senior Counsel is that provisions of Section 319 Cr.P.C. do not apply to the facts of the present case and that the order has been passed in a mechanical manner. It was further submitted that the revisionist was not even in the village on the date when the incident occurred.
(3.) MS . Usha Kiran, learned A.G.A. on the other hand submitted that no case for interference is made out in the revision and that the order was passed strictly in compliance of the provisions of Section 319 Cr.P.C.. Under Section 319 Cr.P.C. the court has the power to proceed against a person for an offence, which he appears to have committed, if 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 along with the accused.;