JUDGMENT

1. Rule. Rule made returnable forthwith. By consent of the parties heard finally.

2. The applicant has impugned the order of the learned Extra Joint Additional Sessions Judge, Osmanabad, in Special Case No.26 of 2021 below Exhibit-99 dtd. 14/9/2022.

3. A Special Public Prosecutor had moved an application under Sec. 319 of the Criminal Procedure Code for summoning the applicant to face the trial and then to allow the charge sheet under Sec. 173(8) of the Criminal Procedure Code. The applicant was named in the FIR but was not arraigned as an accused in the charge sheet. Before passing the impugned order, he was called and heard.

4. In a report, the allegations were also made against the applicant. His brother had submitted an application before the investigating officer that, at the time of the alleged incident, the applicant was at his workplace. He claimed that he was captured in the CCTV footage of his workplace. The investigating officer collected the CCTV footage and was satisfied that the applicant was at his workplace at the time of the alleged incident. The investigating officer submitted a charge sheet against the other accused. He put a footnote thereon reserving his r