Harish Chandra Mishra, J. - (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is aggrieved by the order dated 4.1.2013 passed by learned Sessions Judge, Jamshedpur, in S.T. No. 131 of 2011, whereby in exercise of power under Section 319 of the Cr. P.C., the Court below has found that there are materials to proceed against the petitioner and as such, directed to issue summons to the petitioner for facing the trial. It also appears that since the order was passed at the concluding stage of trial, the Court below split up the trial of the petitioner and proceeded with the trial against other accused persons, who were facing the trial.
(2.) THE petitioner has been made accused in Telco (Birsa Nagar) P.S. Case No. 119 of 2010 corresponding to G.R. No. 1015 of 2010, which was instituted for the offence under Sections 302, 120B, 34 of the Indian Penal Code. In the FIR, there is allegation against the petitioner that he had taken away the deceased along with him and subsequently, the dead body of the deceased was found. Other persons were also named in the FIR, and the case was instituted and investigation was taken up. It appears that after investigation, charge sheet was not filed against the petitioner and accordingly, the petitioner was not put to trial. After all the witnesses were examined in the trial Court, an application was filed by the prosecution under Section 319 of the Cr. P.C., stating that the witnesses examined by the prosecution had stated that the deceased was taken away from his house by this petitioner and subsequently, the dead body of the deceased was found. Accordingly, there was sufficient material against the petitioner also to put him on trial. The Court below has discussed the evidence of the prosecution witnesses, who have deposed that the deceased was taken away from his house by this petitioner and subsequently, his dead body was found. Some of the witnesses have also stated that the deceased was taken away by the petitioner and one Govind Lohar and thereafter the dead body was found. On the basis of these materials, the Court below has issued summons against the petitioner for facing the trial, finding that there was sufficient material on record against the petitioner also.
(3.) PRIMA facie, I do not find any illegality in the impugned order passed by the Court below, as the same is based on the evidence on record, which shows that the deceased was taken away by the petitioner and thereafter, dead body of the deceased was found.;