SHYAM BEHARI Vs. STATE

JUDGEMENT

(1.) Instant petition U/s 482, Crimial P.C. is directed against order dated 20/01/2001, whereby Addl. Chief Judl. Magistrate No.4, Bharatpur allowed application dated 15/09/2000 U/s 319, Crimial P.C. filed by prosecution and instant petitioners have been made additional accused for offences U/s 323 & 341, Penal Code in pending criminal case No.173/99 arising out of FIR No.651/96.

(2.) Complainant Ramkumar Sharma who happens to be a lawyer by profession lodged written report on 23/12/96 at P.S. Mathura Gate (Bharatpur) where FIR-651/96 was registered and it has been inter-alia alleged therein that while he was sitting in his house, his cousin brother, Shyam (paternal uncle's son) came and started hurling abuses against his mother & sister, to which he refuted and intended to inflict lathi blow, therefore, he entered into his house but Shyam & Satish followed; started beating by kicks; and pulled him out of house upto street where Satish inflicted brick blow causing injuries to his leg while Shyam inflicted lathi on his shoulder; and on hearing hullabaloo, Madanmohan alongwith his wife (his paternal uncle & aunt) reached there and they also started beating with kicks and his aunt (Smt. Kamlesh) caught hold of his hairs and inflicted beatings with kicks & bricks and in course of beating, Shyam took Rs.150.00 out of his pocket while Satish snatched his silver ring.

(3.) After investigation, police filed charge sheet U/s 173 Crimial P.C. only against accused Manmohan & Satish only. After framing of charges, no effective proceedings have taken place as no prosecution witnesses were examined for almost two years; therefore, application was filed on 25/08/2000 by accused party to close prosecution evidence. However, immediately statements of complainant Ramkumar, his witnesses Umesh Chand & Kamal Kishore were recorded on 25/08/2000 & 06/09/2000 and the evidence of other prosecution witnesses was over and when the trial, itself, has ripen for final hearing and its conclusion, an application was filed U/s 319 Crimial P.C. by prosecution on 15/09/2000 with the prayer that legal evidence having come on record prima facie constitutes commission of offence on the part of instant petitioners who be made additional accused in criminal case pending trial arising out of FIR No.651/96. Reply to the said application U/s 319, Crimial P.C. was also filed by accused party on 27/09/2000. After taking note of material on record, learned trial Judge took cognizance against petitioners as well and ordered to produce petitioners vide order dated 20/01/01. Hence this petition.