RAVIRAJ PRAFUL THACKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a revision application filed by the petitioner abovenamed under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (for short, 'the Code') in order to challenge an order dated 28.7.2003 recorded by the learned Additional City Sessions Judge, Court No.18 in Sessions Case No.99/2003 and 100/2003 directing that the present petitioner be joined as co-accused in the aforesaid Sessions Case and also directing that the case be proceeded against him in accordance with law.

(2.) It appears from the record that the aforesaid Sessions Cases were being conducted before the above Court and the present petitioner not being an accused was not required to face trial in the said Sessions Case. The said Sessions cases relate to the offence punishable under section 302, 323, 324, 502, 326 of IPC and such other offence.

(3.) It appears from the record that during the course of trial, charge was framed against the concerned accused persons and the prosecution has examined about 22 witnesses. In the meantime, the learned Judge who was trying the said Sessions Case found that though the name of the present petitioner was disclosed as an accused person in the FIR being Cr.I.458/2001 on 16.10.2001 in respect of the offence in question which allegedly took place on 15.10.2001, at 12 midnight, criminal proceedings under section 169 of the Code have not been taken in respect of the petitioner and, therefore, having regard to the material on record, the petitioner be joined as co-accused and he may be tried along with other accused persons.