SHIV PRASAD TIWARI Vs. JAGDISH PRASAD PATEL

JUDGEMENT

(1.) HEARD.

(2.) THIS is a criminal revision under Section 397 read with Sections 401 and 482, Cr. P. C against the order dated 3-5-2000 passed by the IVth Additional Sessions Judge, Chhattarpur in Sessions Trial No. 256/99 allowing the application filed under Section 319, Cr. P. C. and thereby arraigning the petitioners in the array of accused.

(3.) THE facts giving rise to this petition are these :-Two persons namely Shankar Bharti and Nandu @ Nandkishorc were prosecuted for offence under Sections 341, 323, 325, 327 and 307 read with Section 34 of IPC on the basis of a report lodged by complainant Jagdish Prasad, the respondent No. 1 who has not yet been issued notice. During the examination of the complainant Jagdish Prasad in the Trial Court, he stated that the present petitioners along with the above two accused were also involved in the commission of above offence whereupon the learned prosecutor filed an application under Section 319, Cr. P. C. for arraigning the petitioners as accused in the array of accused persons. The learned Judge by the impugned order dated 3-5-2000 allowed the application and ordered issuance of warrant of arrests against them. Being aggrieved by the said order dated 3-5-2000, the present petition has been filed.