ASHAL KUMAR THAPA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This petition filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973, (hereinafter, the 'Cr.P.C.'), assails the Order, dtd. 7/2/2022 of the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, in Sessions Trial (Vigilance) Case No.01 of 2019 [State of Sikkim (Through Vigilance Department) vs. Ashal Kumar Thapa and Others].

(2.) Briefly, the submissions put forth by Learned Senior Counsel for the Petitioners is that the Petitioners herein filed an application under Sec. 319 read with Ss. 227/228 of the Cr.P.C. (for short, 'Sec. 319 Cr.P.C. petition') before the Learned Trial Court, praying that in view of the evidence appearing against the persons named in the said petition, they also be arrayed as accused persons along with the three Petitioners, who were facing trial in the aforementioned case. That, the persons to be arrayed as accused, along with the Petitioners herein, are the witnesses presently arraigned in the Charge-Sheet in the following order; P.W.1 Smt. Rinzing Doma Bhutia; P.W.2 Smt. Lily Bhutia; P.W.27 Shri B. B. Subba; P.W.28 Shri Bikram Tamang; P.W.32 Ms. Laxmi Rai; P.W.33 Smt. Bina Gurung; P.W.47 Smt. Passangkit Lepcha and P.W.48 Smt. Tshering Ongmu.

(3.) Learned Additional Public Prosecutor conceded fairly that no petition was filed by the Prosecution under Sec. 306 of the Cr.P.C., however the Order of the Learned Trial Court cannot be said to be suffering from any infirmity, hence the Revision Petition be dismissed.