HRUSHIKESH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners call in question legality of direction given by learned AddI. Sessions Judge, Kendrapara for impletion of present petitioners as accused in terms of Section 319 of the Code of Criminal Procedure, 1973 (in short, the Code').

(2.) Learned Public Prosecutor filed a petition to implead present petitioners as accused on the ground that evidence already on record clearly indicated their responsibility for offence, for which others were facing Trial. Learned AddI. Sessions Judge found that though majority of the witnesses had not stated anything about the alleged role played by the present petitioners during investigation, yet their evidence in Court amply reflected their role in the alleged occurrence. That is why he directed their impletion.

(3.) Mr. S. K. Sahu, learned counsel for petitioners submits that power under Section 319 of the Code is not to be exercised in the routine manner and there has to be careful analysis of material to arrive at the objective conclusion that parties sought to be impleaded also had some role to play. With reference to evidence of some of the witnesses, it is stated that non-application of mind by learned Sessions Judge is apparent because he has concluded these witnesses to have implicated the present petitioners, though they did not breathe a word about them. With reference to the statements made before the police, it is submitted that a belated attempt is being made to falsely implicate and rope in the petitioners. Learned counsel for State however, submitted that the expression evidence as referred to in Section 319 of the Code is relatable to evidence in Court and not what has been stated before police during investigation. According to him, there is ample material to show that petitioners were guilty, and omission of investigating agency to implead them as accused persons has been found to be erroneous by learned AddI. Sessions Judge and he has rightly directed them to be impleaded as accused persons to face trial.