Sujoy Kumar Chanda Vs. Damayanti Majhi & Anr.
Criminal Procedure – Additional accused
Criminal Appeal No.273 of 2006 and Criminal Appeal No.274 of 2006-Decided on 20-2-2014.
The High Court only set aside the order of clubbing of the complaint case with the police case and observed that after commitment of the case, learned Sessions Judge could, if the situation so demands in exercise of his powers under Section 319 of the Code, summon other accused persons who have been left out by learned Magistrate. Thus, learned Magistrate was to commit the case to the Sessions Court and the Sessions Court in its discretion could have summoned other accused under Section 319 of the Code, if found necessary. Learned Magistrate appears to have misconstrued the High Court’s order dated 23/7/2001 and taken it as a direction to issue process against all the accused….. that it would be appropriate to remit the matter to the Court of Additional Chief Judicial Magistrate, Kalyani, Nadia for committal of the case to the Sessions Judge at District Nadia so that the case can proceed after the evidence is led. If it appears to learned Sessions Judge that involvement of any person is evident, he can summon the appellants or any other persons under Section 319 of the Code…read more
