PRINCIPAL SEAT ABDUL AZIZ Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners, five in person, who were the accused in the FIR lodged by the respondent No. 2 but not named as accused in the charge sheet filed by the Investigating Agency, have challenged the order dated 24.02.2010. passed in Session Case No. 129/2009 passed by the learned Sessions Judge, Dhubri whereby and whereunder the learned Sessions Judge, allowed the petition filed by the Public Prosecutor under Section 319 of the Criminal Procedure Code (for short, 'Code') and has taken congnizance of the offence under Section 147/148/307/302/326/506/354 IPC and issued summons to the petitioner as accused.

(2.) HEARD Mr. T. J. Mahanta, learned counsel for the petitioners and Mr. B. S. Sinha, learned Addl. P. P. for the State respondent. Also heard Mr. A. B. Choudhury, learned senior counsel assisted by Mr. Wise Imran, learned counsel for the respondent No. 2.

(3.) THEREAFTER, the informant filed a petition before the learned CJM, Dhubri with a prayer to issue a direction to the Investigating Agency for making further investigation of the police case lodged by him. Learned CJM, Dhubri vide his order dated 14.07.2009 rejected the petition for further investigation. Against the said order dated 14.07.2009, the informant preferred another revision petition before this Court which was registered and numbered as Crl. Rev. P. No. 281/2009. This Court, vide its order dated 22.09.2009 disposed of the aforesaid revision petition holding that under Section 319 of the CrPC, the Court can array new accused persons in the trial and the informant may make such prayer to the learned Sessions Judge, at a proper stage through the learned Public Prosecutor.