- (1.) G. S. N. Tripathi, J. This revision is directed against the order, dated 21-9-1995 passed by the IXth Addl. Sessions Judge, Agra in S. T. No. 461 of 94, State v. Dal Chand & Ors. , whereby he has ordered the summoning of the accused revisionist purportedly under Section 319, Cr. P. C.
(2.) A F. I. R. was lodged on 20-9-1993, in which Bhagwan Singh, revisionist was named along with other co-accused persons. It is alleged that all of them in prosecution of a common object of an unlawful assembly, which they had form, attacked the prosecution side causing injuries to Teja Singh Ram Ki shore, Suraj Mai, Smt. Maya Devi, Smt. Babli, Lal Singh and Chandra Bhan with pharsas, sariyas, clothes, etc. On the basis of the report, the case was registered and the investi gation followed. The police submitted a charge-sheet against all the accused persons, including the accused Bhagwan Singh, revisionist. When the matter came up before the learned Magistrate concerned, the committing court, on the date of the passing of the committal order. Accused Bhagwan Singh was absent. The learned Magistrate committed all the accused but he did not mention Bhagwan Singh as amongst the accused, whose case was being committed.
(3.) AN application dated 1-8-1995 was moved by Ram Narain, complainant before the learned Addl. Sessions Judge, Agra, purportedly under Section 193, Cr. P. C. alleging that some allegations have been made against all the accused, including Bhagwan Singh in the F. I. R. but inci dentally the case of Bhagwan Singh was not committed to the Court of Sessions. Therefore, he should be summoned. The learned Addl. Sessions Judge, "by virtue of the impugned order, summoned the accused Bhagwan Singh to face trial although his case was not committed. Feeling aggrieved against this order, this revision has been preferred.;