R.R.YADAV, J. - (1.) HEARD .
(2.) PERUSED the orders impugned passed in the aforesaid three cases. In these cases, it is not necessary to delineate the facts of each case inasmuch as basic question involved is whether powers under Sec. 319 Cr. P.C. can be exercised on the basis of the statements recorded by the police or documents filed alongwith charge -sheet or it should be exercised on the basis of statements of the prosecution witnesses recorded before the Court. Since in all these cases stage of recording evidence before Court has not arrived, therefore, Sec. 319 Cr. P.C. is not attracted and as such summoning orders of the accused -petitioners are bad in law.
(3.) IN all these three cases, the accused -petitioners have been summoned on the basis of a decision rendered by the Full Bench of this Court in case of Dalip Singh and others v. State of Rajasthan.1;