MAFIDAN BEWA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajeeva Sharma, learned senior counsel for the petitioner and Mrs. Vandana Bharti, learned counsel for the State.

(2.) In this application, the petitioner has challenged the order dated 02.05.2014, passed in Special Case No. 01 of 2013 by learned Principal Sessions Judge, Pakur, whereby and whereunder, an application preferred by the prosecution under section 319 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been allowed and the petitioner has been made an accused in the said case.

(3.) It has been submitted by learned senior counsel for the petitioner that on the date the judgment was delivered with respect to the said accused persons, an application filed under section 319 Cr.P.C., 1973 three months earlier by the prosecution had been allowed and the petitioner is being proceeded against. Learned senior counsel further submitted that the judgment which has been passed by the learned trial court in the case of other accused, the role of the petitioner has also been assigned and in fact the learned trial court could not have prejudged such issue while passing the judgment against other accused persons. Even otherwise once the judgment has been delivered there was no question to have allowed the application under section 319 Cr.P.C., 1973 It has thus been submitted that the impugned order deserves to be quashed and set aside.