JOYMALYA BAGCHI,J. - (1.) Order dated 8th April, 2015 passed by the learned Additional District and Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad in Sessions serial no. 209 of 2012 issuing summons upon the petitioners under Section 319 Cr.P.C. has been assailed.
(2.) First Information Report in the instant case was lodged by one Meraj Hakim, father of the victim, inter alia, alleging that his son had left the residence on 12.09.2009 at 7 -30p.m. and thereafter did not return. On 13.09.2009 the body of his son was found with various injuries. In the First Information Report no body was named as an accused person. In the course of investigation statement of one Serena @ Sonali Bibi (P.W. 9) was recorded wherein she stated that the victim had told her that he was assaulted by Abu Bakkar and Naim. In conclusion of investigation, charge -sheet was, however, filed against Abu Bakkar. In the course of trial Serena @ Sonali Bibi was examined as P.W. 9 and in her deposition she stated that the victim had told her that Abu Bakkar, Nasim and Naim had beaten him up and she had found the aforesaid persons were washing their hands and face in the pond of Naim. The statement of the said witness as recorded under Section 164 Cr.P.C. was also exhibited. On the basis of the aforesaid evidence, the petitioners were summoned under Section 319 Cr.P.C.
(3.) Mr. Sanyal, learned counsel appearing for the petitioners submits that no body was named as accused in the first information report. Hence, the version of P.W. 9 that the victim had disclosed the names of the petitioners to her is an afterthought. He further submits that the statement of P.W. 9 was recorded under Section 164 Cr.P.C. belatedly, i.e. 13 days after the incident and accordingly ought not to have been the foundation of the impugned order.;