This case is concerned with a small incident of burglary but, it carries a big burden of a fundamental question. What is the ambit of powers and jurisdiction of a criminal Court to add as an accused any person to stand trial for an offence for which he is not charge-sheeted by the police ? The question is indeed fundamental in the sense that criminal Courts exist to try offenders for the protection of society. While powers and jurisdiction of the courts are circumscribed by the provisions of the Code the question is how those provisions which have a bearing on this fundamental duty of the Courts are to be interpreted.

2. On 6-2-79 an information was lodged by the Proprietor of Hind Pharmacy, Jorhat, with the officer-in-charge of Jorhat P. S. in which it was stated that there was a burglary in his shop during the preceding night. On the basis of this FIR the police made investigation and submitted charge-sheet dt. 10-4-79 under Ss. 457/380/411 IPC in the Court of Chief Judicial Magistrate, Jorhat, whereupon cognizance was taken on 2-5-79 by the Court. In the charge-sheet one Swapan Dutta and another Radheshyam Paul were shown as accused in custody and the petitioner's name a