- (1.) P. K. Jain, J. Heard Sri Jokhan Prasad, learned counsel for the revisionists, Sri Rajiv Gupta, Learned counsel for op posite party No. 2 and learned AGA for State. The revision is being finally disposed of at the admission stage with the consent of the parties counsel.
(2.) IT appears that a complaint was filed by opposite party No. 2 against the revisionist and other for punishing under Section 498-A, IPC. On the same facts police also investigated the case and sub mitted charge sheet on which cognizance was taken by the learned Magistrate. The complaint case appears to have been amal gamated with the case which proceeded on charge sheet filed by the police. Before proceeding with the trial, the learned Magistrate on the basis of statement recorded under Sections 200/202, Cr. P. C. summoned the present revisionists against whom no chargesheet was submitted By the investigating agency. IT is this order which is being challenged by the revisionists. Having heard learned counsel for the parties and having considered the provisions of Section 319, Cr. P. C. this court is of the view that it is only after commencement of the inquiry of trial that order u/s. 319, Cr. P. C. to can be passed by the court concerned. No inquiry or trial had yet started, the Magistrate had no power under Section 319, Cr. P. C. summon the revisionists. He can do so only after the trial has started and it is in the course of trial if he finds that there is evidence against the revisionist to the effect that they have com mitted offence as alleged by the complaint. The revision is allowed and the im pugned order is set aside. The Magistrate may proceed in accordance with observa tion made in the body of the judgment. Stay order dated 17-9-1993 is vacated. Revision allowed. .;