CHUNNU SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) What is the ultimate stage for the trial Court, who is the Sessions Judge in the instant case, to exercise his power under Section 319 of the Code of Criminal Procedure is a moot question to be decided on the following facts and circumstances.

(2.) A police case was registered against one Lalji Paswan and the petitioner, Chunnu Sahni on the allegations that they assaulted the informant. Though the allegations were made against both the persons but, after investigation, the police filed charge-sheet only against Lalji Paswan and the name of the petitioner has been shown in the column not sent up for trial. Cognizance column not sent up for trial. Cognizance was taken and after commitment charges were framed under Sections 301, 324 and 307 of the Indian Penal Code against Lalji Paswan only.

(3.) After examination of altogether seven prosecution witnesses, the case of the prosecution was closed and after recording the statement of Lalji Paswan under Section 313 of the Code of Criminal Procudure, the case was posted for hearing and judgment. Thereafter, the prosecution filed a petition on 2-9-98 under Section 319 of the Code and by the impugned order dated 9-9-98 the learned trial Court directed that in the interest of justice the petitioner should be put on trial for the commission of offence under the aforesaid Sections. He issued non-bailable warrant of arrest against the petitioner for production for facing trial.