VEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) A case stands registered under Sections 148, 302/149, 324/149, 325/149 and 452/149 of the Indian Penal Code. In this case, an application was submitted by Lakhan Singh Yadav. The prayer was made that the present petitioners be also summoned to face the trial. Shelter was taken behind Sections 173, 190, 193, 226, 227, 228 and 319 of the Criminal Procedure Code, 1973 (hereinafter referred to as the 'Code'). The trial Court formed an opinion that the above provisions were not attracted. This was challenged in criminal revision No. 75 of 1993 (Lakhan Singh Yadav v. State of M.P. and others). This came to be decided on 8th of March, 1995. This Court formed an opinion that application of the complainant-Lakhan Singh Yadav, was at least maintainable under Section 193 of the Code. Therefore, a direction was given to the trial Court to pass a fresh order in accordance with law. With the aforementioned observation, the revision petition was disposed of.

(2.) AFTER the matter went before the trial Court, the order which is being passed, the Court below came to the conclusion that there was material on the record to array the present petitioners also as accused and it accordingly directed that a charge against them be framed under Sections 148, 302/149, 324/149 and 325/149 of the Indian Penal Code. It is this order which is being challenged and it is stated that without recording some evidence during the course of the trial, they cannot be summoned and the Court below could not act in the manner it has done.

(3.) IT be seen that the decision on which reliance has been placed by the learned counsel for the petitioners in Joginder Singh v. State of Punjab, AIR 1979 SC 339 : 1979 Cri.L.J. 333, was noticed by the Full Bench and after taking note of that, an interpretation was placed on Section 193 of the Code. I find no reason to differ with the same. As a matter of fact, in the A.I.R. Manual, 5th Edition, 1989 Volume 17 at page 393, a decision of the Supreme Court namely; (1993) 1 JT (SC) 173, has been noticed. The relevant portion dealing with the scope of Section 319 of the Code as also 193 of the Code is relevant and be noticed.