AMAR SARAN,J. - (1.) - Heard learned Counsel for the revisionist, Shri Ram Ash-ish Pandey, holding brief of Sri R.L. Shukla, learned Counsel for the complainant and learned Additional Government Advocate.
(2.) BY means of this revision the revisionist has challenged an order dated 26.10.2007 passed by the Special Judge (DAA) Act, Etawah summoning the revisionist in exercise of powers under section 319 Cr.P.C. in a case under sections 394/302IPC. It is argued that the impugned order was passed only after the examination-in-chief of the P.W. 1 Ashish Kumar and that in the case of Mohd. Shaft v. Mohd Rafiq, 2007 (58) ACC 254 it has been held that the discretion to summon an accused under section 319 Cr.P.C. should be exercised after cross-examination.
(3.) RELIANCE was also placed by the learned Counsel for the revisionist in the case of Hardeep Singh v. State of Punjab and others, 2009 (65) ACC 768 (SC) where the matter has been referred to a Larger Bench.;