RONGON MUKHOPADHYAY, J. - (1.) HEARD learned counsel for the petitioners, learned counsel for the State and learned counsel for O.P. No.2.
(2.) IN this application, the prayer of the petitioners is for setting aside the order dated 17.07.2010, passed in Criminal Revision No. 80/2010 by the learned Additional Sessions Judge, Fast Track Court No. III at Dhanbad, by which the revision application preferred on behalf of the petitioners against the order dated 25.01.2010, passed by the learned Judicial Magistrate, 1st class, Dhanbad in C.P. Case No. 416/2003 had been dismissed.
(3.) THE prosecution story as would appear from the complaint case bearing C.P. No. 416 of 2003 is that one Nimai Gorain (accused no. 7), who happened to be relative of the complainant, informed the complainant that his son Sumanto Gorain had come from Kolkata and requested him to accompany him for going to his inlaws house at village Chhota Ambona. It is alleged that both of them had gone by motorcycle and on return Sumanto Gorain asked Nimai Gorai to stop the vehicle, at which he got down and fled without disclosing his destination. It is further alleged that on such information when the complainant ( O.P. No. 2) went on search of his son, he spotted the dead body of his son lying near the railway track. In the complaint petition, it was also asserted by the complainant that with respect to the self same incident, he had lodged a First Information Report being Dhanbad G.R.P. Case No. 80 of 2002. The complaint was filed on 16.04.2003, which was sent to the police for registering an FIR under the provisions of Section 156(3) of Cr.P.C. It appears that in the First Information Report instituted by the complainant ( O.P. No. 2) i.e. Dhanbad G.R.P Case No. 80 of 2002 after investigation, police had submitted chargesheet against the sole accused Nimai Gorai and after commencement of the trial witnesses were examined and subsequent to the examination of P.W -6, an application had been filed by the learned APP under the provisions of Section 319 of the Code of Criminal Procedure praying therein for issuance of summons as against the petitioners of the present case as these petitioners as per the prosecution version were instrumental in causing the death of Sumanto Gorain. The learned trial court passed an order on 6th December, 2004, whereby and whereunder the application of the prosecution under section 319 of Cr.P.C. was allowed and summons were issued against the petitioners of the present case, which was however challenged by the petitioners in this Court in Cr.M.P. No. 129 of 2005. This Court after considering the entire facts of the case passed an order on 9.1.2009, in which the order dated 6th December, 2004 summoning the petitioners under Section 319 of Cr.P.C. was quashed and the learned trial court was directed to proceed with the trial against the existing accused expeditiously.;