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Judgment
B.K. Rathi, J.—This revision u/s 397, I.P.C. has been directed against the order dated 14.2.1998 passed by Vth Additional Sessions Judge, Varanasi in Session Trial No. 400 of 1996.
The facts giving rise to this revision are as follows:
The F.I.R. was lodged against certain persons including the Applicants under Sections 498A, 323 and 307, I.P.C. and Section 3/4, Dowry Prohibition Act. The charge-sheet was submitted against the accused except the Applicants and they were committed to the Court of Sessions and are facing the above trial. After the evidence of one witness, an application u/s 319, Code of Criminal Procedure was moved to summon the Applicants. That application has been allowed by the impugned order.
The Applicants have challenged the order on the sole ground that they were also nominated as accused in the case. Relying on Sohan Lal and others Vs. State of Rajasthan, , it is contended that the Court cannot proceed u/s 319, Code of Criminal Procedure against the person, who was already an accused and was nominated in F.I.R.
The argument of the learned Counsel for the revisionists is totally misconceived and misleading. The authority referred by him has no application in the present case. In the case before the Hon''ble Supreme Court the Appellants were discharged at the stage of charge, but later on they were summoned u/s 319, Code of Criminal Procedure In the circumstances, the Hon''ble Supreme Court held that they could not be summoned. It has further been laid down that the persons nominated as accused in the F.I.R. or against whom the matter was investigated by the police, are not the accused for purposes of Section 319, Code of Criminal Procedure.
Not only this, it may also be mentioned that in the judgment the Hon''ble Supreme Court has referred to the case of Joginder Singh and Another Vs. State of Punjab and Another, , the facts of which were identical to the facts of the present case and the decision was confirmed holding that the persons nominated as accused in the F.I.R. or against whom the matter was investigated by the police, could be proceeded with u/s 319, Code of Criminal Procedure.
The revision is absolutely without merits. It is dismissed and the stay order dated 5.3.1998 is vacated.