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TMI Blog2017 (3) TMI 1883X X X X Extracts X X X X X X X X Extracts X X X X ..... moned under section 319 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') as an accused and separate CIS number with a title State through Joga Singh versus Ravinder Singh, was ordered to be registered. In support, learned Senior counsel for the petitioner contended that the prosecution having completed the trial by examining all the prosecution witnesses against the accused-Joga Singh, the trial Court only was required to go ahead with the trial with Joga Singh only and complete the same. He submitted that accused-Joga Singh examined defence witnesses and relied on some supplementary investigation and then filed an application under Section 319 Cr. P.C. for summoning the present petitioner/complainant as an accused in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I have heard learned counsel for the rival parties at length. It is not in dispute that in the aforesaid sessions case No.181 of 30.08.2014 CIS No.6/2014, accused Joga Singh has been facing the trial in Sessions case No.03 of 27.01.2014 in the Court of Additional Sessions Judge (A.S.J.-III), Ferozepur. It is also not in dispute that the prosecution tendered its entire evidence and closed its case. It is also not in dispute that the statement under Section 313 Cr. P.C., of the accused, was recorded and thereafter, accused examined some defence witnesses. It is at that stage, the accused- Joga Singh filed an application under Section 319 Cr. P.C. requesting for being tried in the murder case. In the wake of the admitted facts, I think the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced." It is clear from the reading of above provision that the word used there is "together with the accused". In the background of the above said admitted facts, I think the question is no more res integra. In Michale Machado and another's case (supra), the supreme Court stated thus in Para-11:- "xxxx. Second is that for such offence that other person could as well as tried along with the already arraigned accused." It is clear from the reading of the above that the person sought to be summoned under Section 319 Cr. P.C. should be the person who cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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