- (1.) B. K. Rathi, J. This revision under Section 397 I. P. C. has been directed against the order dated 14-2-98 passed by Vth Additional Sessions Judge, Varanasi in Session Trial No. 400 of 1996.
(2.) THE facts giving rise to this revision are as follows: The F. I. R. was lodged against cer tain persons including the applicants under Sections 498-A, 323 and 307, I. P. C. and Section 3/4, Dowry Prohibition Act. The charge-sheet was submitted against the accused except the applicants and they were committed to the Court of Sessions and are facing the above trial. After the evidence of one witness, an application under Section 319, Cr. P. C. was moved to summon the applicants. That application has been allowed by the impugned order. The applicants have challenged the order on the sole ground that they were also nominated as accused in the case. Relying on "sohan Lalandothers v. State of Rajasthan, AIR 1990 Supreme Court page 2158", it is contended that the Court cannot proceed under Section 319, Cr. P. C. against the person, who was already an accused and was nominated in F I. R.
(3.) THE argument of the learned coun sel for the revisionists is totally miscon ceived and misleading. THE authority referred by him has no application in the present case. In the case before the Hon'ble Supreme Court the appellants were discharged at the stage of charge, but later on they were summoned under Sec tion 319, Cr, P. C. In the circumstances, the Hon'ble Supreme Court held that they could not be summoned. It has further been laid down that the persons nominated as accused in the F. I. R. or against whom the matter was investigated by the police, are not the accused for pur poses of Section 319, Cr. P. C. Not only this, it may also be men tioned that in the judgment the Hon'ble Supreme Court has referred to the case of Joginder Singh v. State of Punjab, AIR 1979 SC 339", the facts of which were identical to the facts of the present case and the decision was confirmed holding that the persons nominated as accused in the F. I. R. or against whom the matter was inves tigated by the police, could be proceeded with under Section 319, Cr. P. C.;