Totaram vs State of Uttarakhand and Vimla

Prafulla C. Pant, J.—Heard.

This revision is directed against the judgment and order dated 11.02.2011, passed by Additional Sessions Judge/ II Fast Track Court, Haridwar, in Sessions Trial No. 426 of 2005, whereby said court has Summoned Totaram u/s 319 Cr.P.C., for the trial.

Learned Counsel for the revisionist submitted that after investigation no offence is said to have been made out against the revisionist, and charge sheet was filed in respect of the other accused. It is contended that it is abuse of process of law to summon the revisionist Totaram by exercising powers u/s 319 Cr.P.C..

On the other hand, on behalf of the State, and on behalf of the Respondent No. 2, it is contended that name of the revisionist Totaram is specifically mentioned in the FIR stating that that he was armed with LATHI and, assaulted. P.W. 1 Smt. Vimla (informant), and P.W. 2 Tarachand (injured) in their statements have named Totaram as one of the persons armed with LATHI who assaulted the injured.

In the above circumstances, this Court is not inclined to interfere with the order passed by the trial court u/s 319 Cr.P.C.. Therefore, without expressing any opinion as to final merits of the case, this revision is dismissed with the observation that if the revisionist Totaram appears in pursuance to the order passed by the trial court his bail application shall be heard and disposed of without unreasonable delay. (Urgency application Nos. 1849 of 2011, and 1965 of 2011, stand disposed of).