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2005 DIGILAW 1972 (SC)

Golla Devavaram v. Karanam Balarama Krishna Murthy

2005-12-15

A.K.MATHUR, B.N.AGRAWAL

body2005
ORDER : B.N. Agrawal, J. The trial court summoned Respondent 1 under Section 319 of the Code of Criminal Procedure (for short "the Code") on the basis of evidence of PWs 1, 3, 6, 8, 9, 12, 20 and 22 as their evidence shows complicity of this respondent with the crime. Against the said order, when Respondent 1 moved the High Court under Section 482 of the Code, the order passed by the trial court has been set aside and the petition under Section 319 of the Code dismissed. Hence, this appeal by special leave. 2. We have heard learned counsel for the parties at length. 3. It is well settled that at the stage of Section 319 of the Code, the court is required to see as to whether there are sufficient grounds to proceed against the accused. In view of the evidence of the aforesaid witnesses showing complicity of Respondent 1 with the crime, we are of the view that there were sufficient grounds to proceed against the said respondent and the High Court was not justified in setting aside the order of summoning the said respondent passed by the trial court. 4. Accordingly, the appeal is allowed, the impugned order passed by the High Court is set aside and the order summoning Respondent 1 under Section 319 of the Code passed by the trial court is restored. Needless to say that this order shall not in any manner prejudice the case of Respondent 1 during trial. Appeal allowed.