NABI MIR Vs. STATE OF W B

JUDGEMENT

(1.) By this application for addition of party, the mother of the victim girl inter alia, prayed that she should be permitted to be added as an Opposite Party in the revisional application filed by 16 accused persons as revisionists. A copy of the application far addition of party has been served upon the State but the State is not coming forward to contest the application of the mother of the victim girl far addition of party. The application far addition was served upon the revisionists through their learned Advocate: Mr. Arun Kumar Mukherjee appearing with the learned Advocate Mr. Debabrata Nandi Heard the submissions of Mr. Amit Talukdar appearing with Mr. Amitabha Karmakar on be half of the proposed added party, the mother of the victim girl, and Mr. Mukherjee appearing with Mr. Nandi far the revisionists. Considered the materials on record, 16 out .of 37 accused persons by this revision have challenged the proceedings in G.R. Case Na. 234/89 pending before the Court of the learned S.D.J.M. at Central arising out Bhagabanpur P.S. Case No. 16/89 dated 25.3.1989 under Sections 148/ 149/325/326/436/302/307 of the Indian Penal Code. The P.S. Case was started upon the information lodged by the father of the victim girl Golabdi Sk. During the course of the proceeding in G.R. Case No. 234/89 the said de facto complainant died. In the meantime, investigation was completed and charge-sheet was submitted against 37 accused persons for offence as mentioned earlier. It appears from the order of the learned Magistrate being Order No. 37 dated 27.4. 1995 that without the permission of the Court and after the submission of the charge-sheet the Investigating Officer made certain corrections in the charge-sheet. The learned Magistrate directed the Investigating Officer to submit show-cause and the cause was shown which was accepted by the learned Magistrate by Order No. 76 dated 5.5.1995. The cause shown was that though there were 37 accused persons but the names of the three accused persons were written twice. For that the names of the accused persons were left out in the charge-sheet and correction has been made regarding the same. Those are subject-matters of challenged before this Court. Be that as it may, out of 37 accused persons 16 accused persons as revisionists moved this Court in revision challenging the entire proceeding in G.R. Case No. 234/89. In her anxiety that the case, will not be properly contested by the State, the mother of the victim girl and the present application for addition of party as the de facto complainant died during the continuance of the proceeding in G.R. Case No. 234/89.

(2.) Mr. Talukdar submits before this Court that the Code of Criminal Procedure does not provide any provision for such addition of party. Mr. Talukdar further submits that where there is no provision in the Code, in the interest of justice and fair play the Court should exercise its inherent power under Section 482 of the Code of Criminal Procedure. Mr. Mukherjee on the other hand by referring to Section 394, Cr. P.C. submits that in case of an appeal preferred by the accused against conviction and sentence and in the event of the death of the accused the next of kin may be permitted to proceed with that appeal but no provision has been made for addition in trial or revision.

(3.) Having heard the learned Advocates for the parties and considering the materials on record, it appears that the Code of Criminal Procedure provides for addition of party in revision under Section 403, Cr. P.C. In the revision, the State has been figured as an Opposite Party and the copy of the revisional application has already been served alongwith the notice upon the State intimating, inter alia, that such an application had been filed upon which directions were given for service and also an ad-interim order was granted and ad-interim order would come up for hearing. The matter regarding extension of adinterim order came up for hearing before this Court on 5.7.1995. The State inspite of such notice did not appear to contest the application for extension of ad-interim stay. From record it appears that the application for addition of party has already been served upon the State but inspite of such Service the State has not appeared either to support or to contest this application. This is very indicative that the State is taking either no or very little interest in this matter. The matter is of very serious nature and fair play demands that the matter should beheard in its proper perspective. As the State is not coming forward, in all its earnestness, in the interest of justice and fair play and in exercise of my power under Section 403, Cr. P.C., I permit the mother of the victim girl to be added as a party as an Opposite Party in the revision. The application-for addition of party is thus disposed o