P.R. Bora, J. - (1.) Whether the accused, who is released under Section 169 of the Code of Criminal Procedure, can be impleaded as the accused under Section 319 of the Code and in what manner the powers under Section 319 of the Code are to be exercised, are the questions involved in the present revision applications.
(2.) Since both these revision applications are filed challenging the order passed by the learned Sessions Judge on 30.07.2018 below application at Exh.336 in Sessions Case No.23 of 2018, I have heard common arguments and I deem it appropriate to decide both the revision applications by common reasoning. One Criminal Revision Application bearing No.205 of 2018 is filed by original complainant, whereas another Criminal Revision Application No.235 of 2018 is filed by the State.
(3.) Application at Exh.336 was filed in Sessions Case No.23 of 2018, seeking impleadment of four persons namely Ananda Uttam Potphole, Kailash Baburao Potphole, Shivhar Tukaram Potphole and and Sangram Hanmant Potphole as accused in the aforesaid Sessions case by invoking provisions under Section 319 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). The prosecution filed the aforesaid application on the ground that in the testimony of two witnesses examined by the prosecution namely Ganpati Irappa Potphole and Manika Irappa Potphole, the witnesses have specifically deposed about the involvement of aforesaid four persons in the commission of alleged crime and has attributed specific overt-act against the said accused persons. The application at Exh.336 was opposed by the said persons, who were sought to be impleaded as accused, stating that during the course of investigation, the Investigating Officer has reached to the conclusion that all the four persons were not present on the spot of occurrence of crime and were not having any involvement in commission of alleged crime and as such report under Section 169 of the Code was filed before the Magistrate and the same was accepted by the Magistrate.;