V.K.CHATURVEDI, J. - (1.) THIS revision is preferred against the judgment and order dated 24-7-2006 passed by Additional District and Sessions Judge (FTC) I, Court No. 10, Mathura in S.T. No. 215 of 2006 whereby the trial Court on the application of the prosecution under Section 319, Cr.P.C. summoned the revisionists to face trial alongwith other accused persons.
(2.) HEARD Sri H.N. Singh, Counsel for the revisionists, Sri Lalit Kumar Shukla, Counsel for the opposite party No. 2 and A.G.A. It is contended by the Counsel for the revisionists that the revisionists were nominated as accused at crime No. 392 of 2005 under Section 323, 324, 504, 506, 304 IPC, P.S. Highway District Mathura and they were exonerated by the investigating agency during the investigation, as such, they cannot be summoned while exercising the power under Section 319, Cr.P.C. because they were nominated as an accused in the F.I.R. It is next contended that Section 167(2), Cr.P.C. provides the word 'accused' though the accused word has not been defined in the Cr.P.C. It is also contended that the Court can take cognizance under Section 190 and 193 Cr.P.C. the sessions Court has no power to summon any accused person who has not been committed to the Court of sessions. Counsel for the revisionists has also relied upon a judgment of Sohan Lal and Ors. v. State of Rajasthan, reported in AIR 1990 SC 2158.
(3.) COUNSEL for the complainant and A.G.A. contended that these revisionists were nominated as accused but with the connivance of police they were nor charge-sheeted nor final report was submitted and were exonerated by the Investigating Officer because both the revisionists are the constables of Railway Protection Force. It is also contended that the revisionists, who were named as accused and when the case of the other accused persons were committed to Court of Session, Dinesh was, examined, during the trial, as P.W. 1 and he named these revisionists in his statement. Thereafter, an application under Section 319, Cr.P.C. was moved by the Public Prosecutor to summon these persons and trial Court, vide his order dated 24-7-2006 by a detailed and reasoned order, summoned the revisionists to face trial alongwith other accused persons.;