Criminal Procedure Code, 1973
Section 319—Summoning of an additional accused—Order of trial court dismissing application for summoning appellant quashed by High Court and matter remanded back to the trial court for fresh examination—Appeal—High Court instead of appreciating the material placed on record by the parties in the form of evidence to find out as to whether a case was made out for summoning of appellant as an additional accused, remitted the matter back to the trial court for consideration afresh—Remand in such a matter will only result in prolonging the litigation—High Court only recorded that reasons assigned by the trial court for rejecting the application were not sufficient—To avoid delay, it would have been proper exercise of power in case the High Court would have considered the material and opine as to whether a case was made out for summoning of additional accused—Whatever reasons have been recorded by the trial court in the order so passed, may not have been happily worded to the satisfaction of the High Court, but that error could have been corrected in exercise of revisional power—Impugned order passed by the High Court is set aside and application filed by the complainant for summoning the appellant as an additional accused is dismissed—Appeal allowed.
[Para 15]