GULAM MONDAL Vs. NAZAM HOSSAIN

JUDGEMENT

(1.) This revision petition is directed against the order dt. 17-2-81 by which Sri A.N. Bhattacharya learned Additional Sessions Judge, First Court, Burdwan, refusing to entertain the petitioner's application under S.319 of the Cr. P.C. for issuing summons upon the opposite parties 1 and 2 namely, Sk. Nazam Hossain and Majnu alias Sk. Manirujeman, for their appearance to face trial with the other accused persons.

(2.) It is submitted that when on the evidence adduced by the prosecution witness No. 1 the opposite parties; 1 and 2 were also implicated in the alleged offences, the learned Additional Sessions Judge illegally rejected the prayer of the public prosecutor in charge of the case, to issue summons against the opposite parties 1 and 2.

(3.) Being aggrieved by the impugned order rejecting the prayer of the learned Public Prosecutor under S.319, Cr. P.C. Golam Mondal, who is the de facto complainant, has moved this Court in revision. It is submitted that the learned Additional Sessions Judge illegally refused to entertain the jurisdiction when the evidence disclosed the complicity of the opposite parties Nos. 1 and 2 in the alleged offences.