RAGHVENDRA AND OTHERS Vs. STATE OF M.P

JUDGEMENT

(1.) :- Petitioners have filed this revision petition under Sections 397, 401 of Code of Criminal Procedure challenging the order dated 1-10-2002 by which IInd Additional Sessions Judge Bhind in Sessions Trial No. 165/02 at the stage of framing of charge has added the names of petitioners as accused.

(2.) Facts of the case are that Police Station, Ater, District Bhind filed a charge-sheet against one Rajendra under Sections 364 (A), 302, 201 and 120-B of Indian Penal Code. It was mentioned in the charge sheet that the charge sheet is being filed against accused Rajendra but other accused persons are required to be arrested and the names of other accused persons were not added in the charge-sheet, nor they were treated as absconding. Charge-sheet was filed only against one accused Rajendra before the Magistrate and case was also committed only against Rajendra.

(3.) Contention of the learned Counsel for the petitioners is that at the time of framing of charge, on the basis of material collected in the charge sheet and after perusal of the statements of witnesses, Trial Court has added the names of petitioners as accused. This exercise by the Trial Court is illegal. Under Sec. 190 of the Code of Criminal Procedure Sessions Judge is not having any power to add the names of accused persons at the time of framing of charge. It is not in dispute that under Sec. 319 of Criminal Procedure Code, during trial or at the time of investigation names of other persons can be added as accused but that can only be done at the stage of recording evidence. Thus, the sole contention of learned Counsel for the petitioner is that at the stage of framing of charge the Sessions Judge can not invoke the powers provided under Sec. 319, Code Criminal Procedure and can not issue any directions for joining the petitioners as accused in the case.