FULCHAND MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both sides.

(2.) This criminal miscellaneous application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 18.7.2001 passed by the learned Additional District Judge. Pakur, in S.T.Case No. 123 of 2001. whereby the learned Sessions Judge after examination of one witness PW 1 summoned the petitioner under Section 319 of the Cr PC.

(3.) The main grievance of the petitioner is that though he was named in the FIR in a case under Sections 302/201/34 of the Indian Penal Code but after investigation the police did not file charge-sheet against him, that is to say, he was not sent up for trial and no protest was made by the informant against submission of the charge-sheet. Subsequently, when the first witness was examined during the trial on that very date a petition was filed in the Court below for summoning this accused under Section 319 of the Cr PC to face the trial. The learned counsel for the petitioner, therefore, submits that it appears that the party was waiting for filing of such petition and the Court allowed it on the same day. Learned counsel for the petitioner has also argued that this has been done purposely and the recourse has been taken of Section 319 of the Cr PC. which amounts to abuse of the process of the Court. He drew the attention of the Court towards paragraph 6 of the petition, which was filed in the Court for summoning this petitioner. It is worth while to reproduce paragraph 6 of that petitioner herein below :