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Judgment
Bala Krishna Narayana, J.—Heard learned Counsel for the revisionists and learned A. G. A.
This revision is directed against the order 8.10.2010 passed by the Additional Sessions Judge, Fast Track Court No. 23, Allahabad in S.T. No. 321 of 2009; State v. Jamuna Prasad and others, under sections 323, 308 and 504 I.P.C. by which he has summoned the revisionist as additional accused for facing trial along with other accused under section 319 Cr.P.C.
It is undisputed that the revisionist was named in the N.C.R. lodged by opposite party No. 2 but he was exonerated during investigation and the chargesheet was submitted only against Jamuna Prasad and Manoj Kumar. However, after the statement of P.W. 1 Shiv Baran was recorded during trial, prosecution moved an application under section 319 Cr.P.C. for arraying the revisionist as additional accused and summoning him to stand trial along with other coaccused.
By the impugned order the said application has been allowed by the Court below in a mechanical manner without considering the evidence on record and recording any satisfaction in the impugned order that there was all likelihood of the conviction of the revisionist as accused as held by the Apex Court in the case of Mohd. Shaft v Mohd. Rafiq and another, 2007 (58) ACC 254 Sarabjit Singh and another v. State of Punjab and another, 2009 (66) ACC 32 (SC) = 2009 (78) AIC 122 (SC) and the case of Ram Singh and others v. Ram Niwas and another, 2009 (65) ACC 971 (SC) = 2009 (78) AIC 32 (SC).
This revision is allowed, the order dated 8.10.2010 passed by Additional Sessions Judge, Fast Track Court No. 23, Allahabad in S.T. No. 321 of 2009; State v. Jamuna Prasad and others, under sections323, 308 and 504 I.P.C. is set aside and the matter is remanded back to the Additional Sessions Judge, Fast Track Court No. 23, Allahabad for deciding the application under section 319 Cr.P.C. afresh.
Revision Allowed.