MOHD SHAFI Vs. MOHD RAFIQ

JUDGEMENT

(1.) Leave granted.

(2.) A First Information Report was lodged against the appellant herein by one Rafiq on 10.11.2005 alleging commission of an offence u/s. 307/324 of the Indian Penal Code. In view of the death of the injured, the case was converted to one u/s. 302 of the Indian Penal Code. The police submitted a chargesheet only against one Karimullah @ Aarif. No chargesheet was submitted as against the appellant herein. After the matter was taken up for hearing before the learned Trial Judge, respondent No. 1 examined himself as P.W. 1. In his examination-in-chief, he alleged that the incident had taken place in his presence and the appellant had taken part in the incident. An application was filed for summoning the appellant herein u/s. 319 of the Code of Criminal Procedure only on the basis thereof. The learned Sessions Judge refused to accede to the said prayer stating :-

(3.) Respondent No. 1 filed an application before the High Court of Judicature at Allahabad u/s. 482 of the Code of Criminal Procedure against the said order and by reason of the impugned order, the same has been allowed. The appellant is, thus, before us.