Court No. - 49
Case :- CRIMINAL REVISION No. - 3208 of 2018
Revisionist :- Mohan Lal And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the revisionist and learned AGA for the State.
2. The present criminal revision has been preferred against the order dated 18.08.2018 passed by Additional Session Judge (Ninth), Etawah on the application 14A moved by prosecution under Section 319 Cr.P.C. in S.T. No. 276 of 2016 (State Vs. Panehilal and others), arising out of Case Crime No. 136 of 2016, under Sections 323, 308/34 I.P.C., Police Station Basrehar, District Etawah.
3. Learned counsel for the applicant submits that while P.W.-1 Sushila Devi is not an eye-witness, the examination (in-chief) of P.W.-2 Trijugi Narayan (sole injured witness) is still continuing and that witness is still to be cross-examined.
4. In that background of the proceedings, it has been submitted that power under Section 319 Cr.P.C. which had to be sparingly exercised, has been exercised by the learned court below and the applicants have been summoned without any strong satisfaction arising with the learned trial court of a degree higher than that required for framing of charge, that the applicants are liable to be proceeded as accused persons along with the charge-sheeted accused. It is then submitted that looking at the injury report which only reveals simple injuries, the allegations made against all the applicants along with the charge-sheeted accused is wholly unbelievable and that fact would clearly come out during the cross- examination of the P.W.-2.
5. Considering the above, no useful purpose would be served in keeping the present application pending as certainly learned court below does not appear to have recorded the strong satisfaction that was a sine qua non for a valid order under Section 319 Cr.P.C. The order dated 18.08.2018 is hereby set-aside and let the learned court below may first allow the examination (in-chief) and cross-examination of P.W.-2 to be completed. Upon such evidence being led, the learned trial court may apply it's mind afresh on the aspect of Section 319 Cr.P.C. and shall pass appropriate orders strictly in accordance with law, keeping in mind the law laid down by the Supreme Court in the cases of Hardeep Singh Vs. State of Punjab & others, reported in (2014) 3 SCC 92 and Brijendra Singh and others Vs. State of Rajasthan reported in (2017) 7 SCC 706. It is made clear that such order may be passed without being prejudiced by any observation made in the present order.
6. With the aforesaid observations, the present application is disposed of.
Order Date :- 24.9.2018 Prakhar