Heard applicants Counsel in revision and the learned A. G. A.

2. By means of this revision ap plicants have challenged the order of the learned Addl. Sessions Judge, Saharanpur (Court No. 2) in Special Session Trial No. 1153/99 whereby applicants have been summoned as accused in exercise of powers under Section 319 Cr. P. C. to face their trial alongwith the accused already named by the police in the charge sheet submitted after investigation.

3. Learned Counsel for the ap plicants submitted before the Court that in this case both the applicants in revision were named in the first information report alongwith remaining two accused persons, who are facing trial before the Court below, but during investigation their in volvement was found doubtful, and there fore, they were not charge sheeted. In such a situation the applicants could not be summoned by the trial Court in exercise of powers under Section 319 Cr. P. C. In sup port of this submission learned Counsel for the applicants placed reliance upon a single Judge decision in Pradeep Kumar v. State of U. P. & Others, 2001 (42) ACC 1021, wherein the learned Judge expressed the opinion that in a case where a person w