JAYASHREE TIWARI,J. - (1.) CASE has been called out in the revised list. Nobody appeared to press this revision except learned AGA.
(2.) THE present criminal revision has been filed against the order dated 12.1.2001 passed by the IXth Additional Sessions Judge, Moradabad in Sessions Trial No. 1095 of 1998 (State of U.P. Vs. Maqsood and others). In short, the contention of the revisionist is that the learned lower court was not authorized in law to summon the accused on the basis of application given under Section 319 Cr.P.C. It is contended that the Section 319 Cr.P.C. is available against a person where the person is not an accused in the case and not where a person who is accused in the first information report and after investigation, he has not been charged of the offence. It is contended that the final report in favour of the revisionist has been submitted by the police and remaining two other accused persons were charge-sheeted and thus the learned lower court has illegally summoned the accused on the application under Section 319 Cr.P.C.
(3.) IN this connection, it will be appropriate to go through the provisions as contained in Section 319 Cr.P.C. which lays down as follows: Section 319. Power to proceed against other persons appearing to be guily of offence:- (1) Where, in the course of any inquiry into, or trial or, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-Section (1) then- (a) the proceeding in respect of such person shall be commenced afresh, any the witnesses re-heard; (b) subject to provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence which the inquiry or trial was commenced. ;