CHAND SADAGAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE present application under Section 401 read with Section 482 Cr.P.C. is directed against order no. 12 dated 16.06.2008 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Lalbagh, Murshidabad.

(2.) BY the said order the learned Court below has disposed of a petition dated 20.03.2008 filed by the prosecution under Section 319 Cr.P.C. for adding and summoning four accused persons namely, Chand Sadagor, Sadek Ali, Usuf Nabi and Mofakkarul @ Mofajjarul Islam and allowed the same on the grounds stated therein.

(3.) IT is contended on behalf of the aforesaid petitioners that the learned Trial Judge has not diligently exercised his discretionary power under Section 319 Cr.P.C. and the same is arbitrary. At the time of filing charge sheet there was no allegation against the four petitioners and at the time of taking cognizance and framing of charge by the learned Trial Court there was no prima facie material against these accused persons and the IO also made a prayer for their discharge. Learned committing and trial Courts below remained silent so long regarding the above matter and as such at a belated stage it is not just and proper to implead the present accused persons. At the time of allowing such prayer and issuing the process the learned Trial Judge has ignored the ratio of the Hon"ble Apex Court in the case of Joginder Singh and Anr. "Vs.- State of Punjab and Ors., AND The Municipal Corporation of Delhi "Vs.- Ramkrishna and Ors. and as such the said order is bad in law and is liable to be quashed.