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D.C.GHEEWALA
Sarlaben Virsing Bamaniya – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

D.C. Gheewala, J.- The petitioners are the daughters of the deceased, who was allegedly murdered by respondent No.2 and some others. The Police, after completing the investigation, submitted charge-sheet only against respondent No.2. The case was committed to the Court of Sessions where the present petitioners gave (an application Ex. 5 asking the learned Sessions Judge to order further investigation, and the learned Sessions Judge was pleased to reject the said application, on the ground that under section 319 of the Code of Criminal Procedure, he had powers to impaled a person not named. as an accused, if after going through the evidence he thought it fit, but as the evidence was not recorded, the learned Session Judge thought that the application deserved to be rejected and he accordingly rejected the same. Being aggrieved by the same, the petitioners have preferred the present revision application, and the only question which was posed before the Court was as to whether once the case has been committed to the Court of Sessions powers of further investigation given to the Magistrate under sub-clause (B) of section 173 of the Criminal Procedure Code can be exercised by t

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