BIRA KISHORE MOHAPATRA Vs. SUNDAR BHOI BALI MUNDIA

JUDGEMENT

(1.) Leaving aside technicalities, the petitioner in this Criminal Revision has challenged the order of the learned Sessions Judge, Sambalpur, refusing to summon opposite party nos. 1 to 5, take cognizance of offences under Sections 147, 148, 323, 447 and 302 read with Section 149 I.P.C. and frame charges against them along with the other accused committed for trial for the selfsame offences.

(2.) On 15-7-1988 at about 1.30 p.m. murder of one Satyabrata Mohapatra was committed. The case was investigated and charge-sheet was submitted against 12 accused persons for having committed offences under Section 147, 148, 323, 447 and 302 read with Section 149 I.P.C. In due course, all of them were committed to the court of session for trial. Opposite party nos. 1 to 5 were not charge-sheeted and so there was no question of their commitment to the court of session. On 6-6-1989 a petitioner, was filed before the learned Sessions Judge stating therein that there are prima facie materials against opposite party nos. 1 to 5 and so they should be summoned so that charges can be framed against them along with the accused committed. The petition was rejected.

(3.) As on today charges have not been framed against the accused. The question that has been raised for consideration by Mr. B. Naik, learned counsel appearing for the petitioner, is that apart from the provisions of Section 319 Cr. P.C., the learned Sessions Judge has sample power to summon opposite party nos. 1 to 5 so as to take cognizance of offences and frame charges against them for the offence of murder and other allied offences, if he would find that there are sufficient materials to suspect that they were involved in the crime. The argument is countered by Mr. J.P. Misra, learned counsel appearing for opposite party nos. 1 to 5, on the ground that the learned Sessions Judge has no such power under Section 193 Cr. P.C. He can exercise the powers only under Section 319 Cr. P.C. and that too very sparingly.