- (1.) M. C. Jain, J. List has been revised. None appears from the side of revisionists. Learned A. G. A. is present on behalf of the opposite party-State of U. P.
(2.) THIS revision has been filed by eight persons against the order dated 2-4-1997 passed by Sri H. S. Yadav, 5th Addl. Ses sions Judge, Etah in S. T No. 131 of 1996. by this order, he summoned the revisionists during the course of trial on an application having been made by the State under Section 319, Cr. P. C. after recording of the examination-in-chief of P. W. I Menhdi Hasan who accused the revisionists also as the offenders of the crime in question. The ground raised in the revision petition is that the revisionists could not be summoned without cross-ex amination of P. W 1 Menhdi Hasan. It has been contended in the grounds of revision that the Court below illegally exercised the extraordinary powers contained in section 319, Cr. P. C. Actually the question was referred to a large. Bench for answer of the ques tion as to whether the term 'evidence' con tained in Section 319, Cr. P. C. means 'evidence' complete by cross-examination. The question has been answered by Division Bench of Hon'ble Giridhar Malviya, J. and Hon'ble J. C. Mishra, J. in Criminal Misc. Application 1823 of 1995 and Criminal Revision No. 447 of 1997 on 12-10-1998. Reference has been answered thus: "the term 'evidence' as used in Section 319, Cr. P. C. does not mean an 'evidence' com plete by cross- examination and the Court can take action under Section 319, Cr. P. C. even on the statement made in examination-in-chief of one or more wetness. " It now, therefore, admits of no doubt that the terms (evidence) as used in Section 319, Cr. P. C means statement made by a witness only in examination-in-chief, without having been subjected to cross- examination. In the instant case P. W. 1 Menhdi Hasan did name the present revisionists is being the offenders in his examination-in-chief. It matters not that the police did not submit the charge-sheet against them. It goes without saying that the powers of the Court contained in Section 319, Cr. P. C override the investiga tion. There is no illegality, impropriety or incorrectness in the impugned order passed by the Court below summoning eight revisionists in exercise of power under Section 319, Cr. P. C. on their having been named by P. W. 1 Menhdi Hasan in his examination-in-chief. This revision has no merit and is hereby dismissed. The stay order dated 15-4-1997 is vacated, meaning thereby that the impugned order dated 2-4-1997 passed by the 5th Addl. Sessions Judge, Etah in S. T. No. 131 of 1996 shall take effect.
(3.) THE office shall send a copy of this order to the 5th Addl. Sessions Judge, Etah for further needful action. Revision dismissed. .;