AWADH KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the earned counsel for the O.P. no. 2 and the learned counsel for the State. The petitioner has filed this case against the order dated 16.02.2010 passed by the learned Addl. Sessions Judge, F.T.C.III, Chatra in S.T. No.91 of 2009 whereby the application filed by the Prosecution under Section 319 Cr.P.C for summoning the accused Awadh Kishore Singh, Ashudeo Singh @ Asdeo Singh and Arjun Singh (the petitioners) whose names were dropped by the I.O. from the charge sheet.

(2.) Mr. Mahesh Tiwary, the learned counsel appearing for the petitioner has submitted that the police instituted this case under Sections 147/148/324/326/307/504 I.P.C. against the petitioners and other accused persons but after investigation police submitted charge sheet only against five accused persons and the petitioners, who were named as accused in the First Information Report, not sent up for trial due to lack of evidence. The I.O. Of this case has not submitted charge sheet against the petitioners. It is further submitted that during investigation, several witnesses have been examined by the police but none of them stated anything against the petitioners. Thereafter, the learned Chief Judicial Magistrate; Chatria after perusal-of the F.I.R. As well as Case Dairy, took cognizance by the order dated 18.02.08 against only five accused persons namely Deepak Kumar Singh, Kulwant Singh, Balwant Singh,. Anil Singh, Sunny Singh under Sections 147/148/324/325/307/504 I.P.C. and the case was committed to the Court of Sessions being S.T. No.91 of 2009 to the learned Additional Sessions Judge, F.T.C. III, Chatra only against the aforesaid five persons.

(3.) Mr. Tiwary has contended that thereafter, the prosecution has filed an application under Section 319 Cr.P.C. for summoning the petitioners in this case and the court below without applying his judicial mind and without taking consideration that it could not have summoned the petitioners without recording any evidence in the case allowed the said application filed by the prosecution.