R.K.Rastogi - (1.) -This is an application under Section 482, Cr. P.C. to quash the order dated 5.12.2006 passed by the Judicial Magistrate IVth, Aligarh in Case No. 450/2006, State v. Harpal and others, under Sections 147, 148, 323, 504, 506, 332, 353, I.P.C., P. S. Dadon, district Aligarh.
(2.) THE facts relevant for disposal of this application is that on 22.9.2000 at about 2.30 p.m. Constable Rajendra Singh of P. S. Dadon lodged a F.I.R. against nine accused persons named therein including the present applicants and 15-20 unknown persons on which Case Crime No. 364/2000, under Sections 147, 148, 324, 504, 506, 332, 353, I.P.C. and Section 7, Criminal Law Amendment Act, was registered against the accused persons. The police after investigation submitted the charge-sheet against six accused persons only named in the F.I.R., and no charge-sheet was filed against the present applicants though they were named in the F.I.R. The case proceeded against six accused only named in the charge-sheet and the statement of the informant Constable Rajendra Singh was recorded as P.W. 1 and in his statement he named the present applicants also as accused. Thereafter an application was moved from the side of the prosecution to summon the applicants under Section 319, Cr. P.C. The learned Magistrate after hearing the prosecution allowed the application and summoned the applicants accused under Section 319, Cr. P.C. Against the above order, this application has been filed under Section 482, Cr. P.C. by those accused summoned under Section 319, Cr. P.C. I have heard learned counsel for the applicants and learned A.G.A. at the admission stage.
(3.) SINCE the point involved in the case is legal one, I am deciding it at the admission stage after hearing both the parties. The scope of power of the Court under Section 319, Cr. P.C. was considered by Hon'ble Apex Court in Municipal Corporation of Delhi v. Ram Kishan Rohtagi and others, 1983 (20) ACC 50 : 1983 ACR 114 (SC), and it was observed in the above case : ".....if the prosecution can at any stage produce evidence which satisfies the Court that the other accused or those who have not been arrayed as accused against whom proceedings have been quashed have also committed the offence the Court can take cognizance against them and try them alongwith the other accused. But, we would hasten to add that this is really an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking cognizance against the other person against whom action has not been taken." ;