COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) The present reference has been sent by the Learned Additional Sessions Judge in Sessions case No. 32/2011 in FIR No. 188/2009 under Section 307/34 IPC P.S. Paharganj titled as State Vs. Prabhakar & Ors. for rectification of the committal order in terms of the decision of the Hon?ble Supreme Court in Ranjit Singh Vs. State of Punjab, 1998 7 SCC 149.

(2.) As per the order of reference, on 12 th July, 2011 the learned Additional Sessions Judge was assigned the case wherein, as per the order of committal, only two accused namely Prabhakar and Amit were committed for trial. From the charge-sheet, it was evident that besides these two accused, one more accused Karan @ Kannu S/o Raj Kumar was also charge-sheeted for commission of the abovementioned offence. However, the learned committal Court did not summon the said Karan @ Kannu nor recorded any reason for not summoning and committing him. Thus, according to the Learned Additional Sessions Judge, since it can now summon the third accused only by adopting the procedure under Section 319 Cr.P.C., it was a fit case where this Court in exercise of its jurisdiction under Section 482 Cr.PC corrects the illegality committed by the learned Committal Court and issue summons to the third accused Karan @ Kannu.

(3.) On a notice being issued, a status report has been filed. As per the status report, charge sheet in the abovementioned FIR was submitted in the Court of Learned ACMM, Tis Hazari, Delhi wherein accused Prabhakar, Amit and Karan @ Kannu were charge-sheeted, however, inadvertently Karan @ Kannu was not summoned. The case was committed to the Court of Sessions on 12 th July, 2011 and no committal order was passed in respect of Karan @ Kannu.