BIMAN CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE scope and ambit of Section 319 of the Cr. P. C. is the subject matter of this revisional application filed by the two petitioners who have been by the order dated 24. 4. 2007 passed by the learned Additional sessions Judge, Barasat, North 24-Parganas summoned in Sessions Case no. 86 (6) of 2004 corresponding to ST. Case No. 1 (9) of 2004 to stand trial under Sections 364/201/34 of the Indian Penal Code.

(2.) ONE Partha, the victim of the case, had remained untraced since the morning of 5. 9. 1997. The de facto complainant (P. W. 1) started for searching his brother Partha and came to know that on that date police had killed one boy by firing. On the morning of 6. 9. 1997 P. W. 1 rushed to kaipukur in search of his brother and then came to know that on the previous day in the morning police killed one boy named Suresh Bauri and took away another boy who was seated in a tea stall with injury on his leg due to firing by the police. Then having gone to Habra Police Station, P. W. 1 came to know through some inmates of the lock up that at 8. 30 A. M. on 5. 9. 1997 police brought a boy with bullet injury on his left leg and placed him in the lock up. Allegedly the police personnel who were the accused persons before the learned Judge got admitted his brother Partha in the State General hospital at Habra in the fake name of one Laxman Giri and then transferred ? him to Barasat Sadar Hospital. But Partha could not be traced out. Before this Court a writ application under Article 226 in the nature of Habeas Corpus was filed and the writ Court passed an order of initiation of an investigation into the matter by the West Bengal Human Rights Commission which upon investigation directed the State to initiate a criminal proceeding through the c. I. D. against the accused persons of the case. The F. I. R. being Habra police Station Case No. 331 dated 13. 8. 2000 at the instance of P. W. 1 was registered under Sections 364/34 of the Indian Penal Code and charge sheet was submitted upon completion of investigation.

(3.) AFTER examination and cross-examination of six witnesses the prosecution moved a petition before the learned Trial Court for summoning the two petitioners herein under Section 319 of the Cr. P. C. in view of the fact that their names, though they had not been charge sheeted, transpired in evidence of the witnesses and accordingly pursuant to Section 319 of the Cr. P. C. they should be brought to trial to answer the charges. The petition was contested by the present petitioners but the learned Trial Court upon hearing the learned Counsels for the parties allowed the petition and accordingly issued summons upon them.