HARISH CHANDRA MISHRA, J. - (1.) By Court: Heard Learned Counsel for the petitioner and Learned Counsel for the opposite parties.
(2.) By the impugned order dated 21.6.2008, the court below has directed to issue summons to the petitioner to face the trail along with the other accused persons, by exercising the power under Sec. 319 Cr.P.C., stating that during evidence, some witnesses have taken the name of this petitioner. The court below, has detailed in the impugned order the averments of P.W. 2 Anant Lal Hembrom, P.W. 9 Haridas Besra, P.W. 10 Manoti Hansda, P.W. 11 Darshan Hembrom and P.W. 12 Sitaram Soren to show that these witnesses have taken the name of this petitioner to be involved in commission of the crime.
(3.) Learned Counsel for the petitioner has submitted that the impugned order passed by the court below is absolutely illegal, inasmuch as, after investigation, charge sheet was not filed against the petitioner. Subsequently, the witnesses, who had not taken the name of this petitioner during investigation, have also taken his name during evidence in the Court. Accordingly, submitting that the petitioner has been falsely implicated in the case and that continuance of trail against the petitioner shall amount to the abuse of the process of Court, the Learned Counsel has prayed that the impugned order be set aside.;