- (1.) HEARD the parties.
(2.) THE two petitioners have challenged the order dated 16.4.2003 passed by the Sub -Divisional Judicial Magistrate, Jamtara, where by, in exercise of the power under Section 319 of the Cr PC these two petitioners have been summoned as accused persons to face trial. The facts in short are that a complaint case being PCR No. 375/2000 was filed by the Jahida Sultan @ Baby against five persons including these two petitioners for allegedly committing an offence under Sections 323, 384 and 498 -A of the Indian Penal Code. It appears that after enquiry under Section 202, Cr PC, the learned Sub -Divisional Judicial Magistrate, took cognizance under Section 498 -A of the Indian Penal Code against only one person namely, Md. Kalim and not against other four persons who were named in the complaint petition and thereby processes were ordered to be issued against Md. Kalim only.
(3.) IN course of trial, when the witnesses were being examined, a petition was filed on 5.3.2003 on behalf of the complainant, OP No. 2 herein, stating therein that from the evidence of the five prosecution witnesses, the fact has come out that other four persons namely, Ahmad Hussain, Jamshed Hussain, wife of Sekhawat Hussain and Mustari Khatoon have also committed the offence and, therefore, they also be summoned to face trial. The defence, by filing a rejoinder, objected to the prayer of the complainant. The learned Sub -Divisional Judicial Magistrate in terms of the impugned order allowed the prayer of the complainant and directed to issue summons to the other four persons, against whom no cognizance of the offence was taken at the initial stage.;