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Surendra Kumar Agrawal and Others vs State of U.P. and Another

Allahabad High Court · Decided on 3 April 2003 · Citation: (2003) 3 ACR 2290

HON’BLE JUDGES
K.N. Sinha, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 319
CASE NUMBER
Criminal Revision No. 986 of 2003
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Judgment

5 paragraphs · 355 words

K.N. Sinha, J.—Heard learned Counsel for the revisionist and the learned A.G.A. and Sri Sanjay Tripathi for opposite party No. 2.

2.

The present revision has been filed against the order dated 6.1.2003, passed by Additional Sessions Judge, Gorakhpur in Sessions Trial No. 324 of 2000, allowing the application 68 (Kh), State v. Hari Krishna and Ors. summoning the revisionists u/s 319, Cr. P.C. The names of the applicants appeared in the F.I.R. but they were not charge-sheeted. However, the informant Vijay Narain, P.W. 1 stated that revisionists Surendra Kumar Agrawal along with Nagendra Singh, Mahendra Agrawal, Rai Awadh Singh, Guljari and other accused fired upon the informant in the school campus with an intention to kill them but somehow they managed to escape. In view of the above evidence, the revisionists were summoned.

3.

Learned Counsel for the revisionists has submitted that the accused persons who were named in the F.I.R. but not charge-sheeted cannot be summoned by the Court. This argument does not hold ground as the controversy has been set at rest by the Apex Court in the case of Smt. Rukhsana Khatoon v. Sakhawat Husain and Ors. 2002 (1) ACR 419 (SC), wherein it has been held that though an accused named in the F.I.R. and not charge-sheeted can be summoned by the Court u/s 319, Cr. P.C. Not only this, the Apex Court has further held that this power can be invoked both by the Court having original jurisdiction and also by the Court to which the case was committed. Thus, the law laid down by the Apex Court in the above case settles the point in controversy that the person named in the F.I.R. but not charge-sheeted can also be summoned by invoking the jurisdiction u/s 319, Cr. P.C.

4.

Vijay Narain Dubey the first informant has named the revisionists as accused in the F.I.R. He has confirmed his stand while entering into the witness box. If the police had not charge-sheeted them, the informant''s statement is sufficient to summon the revisionists u/s 319, Cr. P.C.

5.

Consequently, the revision is devoid of any force and is hereby dismissed.