ASHOKE DHARA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In connection with a trial relating to an offence punishable under Section 46A (c) of the Bengal Excise Act, invoking Section 319 of the Code of Criminal Procedure, the prosecution moved an application before the Trial Court with a prayer for proceeding against the petitioner on the basis of the evidence of P.W. 1 and the P.W. 5. The trial Court having rejected such prayer, a criminal revision was moved before the Court of Sessions. The Court of Sessions reversed the order of the Trial Court and directed the petitioner be proceeded against in the said trial along with the accused already arraigned. The petitioner challenging the said order has moved the instant criminal revision.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused both the orders passed by the Trial Court as well as by the revisional Court and other materials on record. Considered the case laws relied upon on behalf of the parties.

(3.) According to the provisions of Section 319 of the Code of Criminal Procedure, in course of any enquiry into, or trial of, an offence, if it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. In the case of Michael Machado & Anr. v. Central Bureau of Investigation & Anr., 2000 SCC(Cri) 609, the Apex Court in paragraph 11 and 12 held as follows;