ORDER

Leave granted.

2. This appeal is directed against the impugned judgment of the High Court passed in revisional jurisdiction whereby the order dated 5th February, 2000 passed by the trial Magistrate dismissing the application of the State filed under Section 319 Cr.P.C. has been set aside. By the impugned judgment the appellant has been arrayed as an accused to be tried with twelve other accused.

3. The case before the Magistrate relates to an incident of the year 1993 which led to certain simple injuries and damage to some crops. Twelve accused are facing trial. The appellant was also arrayed as one of the accused but the High Court had quashed the case against him in the year 1995 on a petition filed by him under Section 482 Cr.P.C.

4. The State filed an application under Section 319 Cr.P.C. before the Magistrate for summoning the appellant as an accused after the conclusion of prosecution evidence examining 17 prosecution witnesses and recording of the statements of the accused under Section 313 Cr.P.C. by the trial Magistrate. The learned Magistrate by a detailed order, after examination of the evidence, dismissed the application, inter alia, of noticing that on evidence, the