1. Service of notice on the second respondent is deemed to be
complete as per the office report.
2. Leave granted.
3. Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the first respondent/State.
4. The appellant has been summoned by the Trial Court under
Section 319 of the Code of Criminal Procedure, 1973 (for short,
“the Cr.PC”) to face trial for the offences punishable under
Sections 34(2) and 47A of the MP Excise Act, 1915 and Sections 420,
467, 468, 471 and 201 of the Indian Penal Code, 1860. A charge-
sheet was filed, in which, the appellant was not named as an
accused. After the evidence of six prosecution witnesses was
recorded, an application was made under Section 319 of the Cr.PC.
On 18th November, 2021, the learned Sessions Judge allowed the
application under Section 319 of the Cr.PC and a warrant was issued
against the appellant. The order of the Sessions Court was
challenged by the appellant before the High Court.
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