LALIT KUMAR JAWANPURIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 15.9.2001 whereby and whereunder the learned Court below rejected the prayer of the petitioner for issuance of summon against the persons named in the application filed by the petitioner dated 24.3.2001 and to be added as accused.

(2.) LEARNED counsel for the petitioner submitted that M/s Vardhaman Chemical Limited was one the repackers of M/s Tata Chemicals Ltd. which will be evident from Annexure -3 itself. It is further submitted that it has been established that M/s Vardhaman Chemical Ltd. and M/s Sidharth Sales Corporation are directly involved in the alleged crime and the evidence has collected against them as PW 4 has stated in his evidence about their involvement but the learned Court below rejected the prayer of the petitioner only on mere conjecture. It Is also submitted that the evidence collected during trial against the accused persons and therefore Section 319, Cr PC will apply and the persons involved in the crime has to be summoned. Section 319, Cr PC reads as under: - -

(3.) FROM perusal of the order impugned. It appears that the Court below rejected the prayer of the petitioner on assumption rather the Court below ought to have passed the order to summon those persons against whom the evidence has come during trial as they should be summoned under Section 319, Cr PC.