AMAR SARAN, J. :- Heard learned counsel for the applicant and learned Additional Government Advocate.

2. An order dated 27-9-2007 passed by the learned Additional Sessions Judge/Fast Track Court No. 3, Aligarh in S. T. No. 865 of 2006, summoning the applicant under Sections 307/34, 420, 504, 506 IPC has been challenged by means of this application.

3. The first submission of the learned counsel for the applicant was that the said summoning order was passed after examination-in-chief of Dev Raj Singh and before his cross-examination was done, it is argued that there is a bar for summoning an accused under Section 319 Cr. P. C. unless the witness is cross-examined. For this proposition learned counsel for the applicant has placed reliance on the decision of the Apex Court in the case of Mohd. Shaft v. Rafiq and another, 2007(2) JIC 490 : (2007 4 All LJ 317).

4. In my view this contention of the learned counsel is based on a mis-reading of the aforesaid decision. The said decision only mentions that discretion to summon an accused must be judicially exercised and that the Court should arrive at a satisfaction that a prima facie case is made out against an accused.

5. Furthermor