AMAD NOORMAMAD BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. Rawal waives service of rule for respondent No.1 State. Learned advocate Shri Siraj Gori waives service of rule for respondent No.2.

(2.) The petitioners have challenged an order dated 6.1.2010 passed by learned Additional Sessions Judge, Kutchh-Bhuj below exh.36 in Sessions Case No.18/2000. The issue pertains to joining of the present petitioners as additional accused in exercise of power under Section 319 of the Code of Criminal Procedure

(3.) Having heard the learned advocates for the parties and having perused the material on record, it emerges that in case of murder dated 1.12.1999, a complaint was filed before the Bhuj city police station on the same date. Present petitioners Amad Noormamad Bhatti and Hamid Amad Bhatti were named in the complaint along with other co-accused. Police however, upon completion of the investigation, filed charge-sheet against the four accused. However, present petitioners and one Moosa Noor Mohammad, offered their alibi to the investigating officer. Investigating Officer did not accept the alibi of Moosa Noor Mohammad and presented charge-sheet against him and other three co-accused. With respect to the present petitioners, their alibi was accepted and accordingly, report was submitted at the relevant time.