Honble SHARMA, J.–It is well settled that in a case triable by court of Session, a Magistrate cannot summon and commit a person, not named in the charge sheet, under section 319 Cr.P.C. to stand trial along side the accused. Admittedly, after usual investigation the Police Station Bissau submitted charge sheet against accused Suresh for committing offences under Sections 498A, 302 and 304 B IPC. The petitioners Dhoori, Ramavtar and Anchi were not named in the charge sheet. The ACJM Jhunjhunu vide order dated 6th Jan. 1996 took cognizance against the accused Suresh as well as against the petitioners Dhoori, Ramavtar and Anchi under sections 498A, 302, 304B and 34 IPC. The accused persons assailed the said order by preferring proceedings under section 482 Cr.P.C. before this court bearing S.B. Criminal Misc. Petition No. 96/1996. This court disposed of the said petition vide order dated Feb. 2, 1996 stating that the question as to whether prima facie case against the accused persons is made out or not will be seen by the learned Sessions Judge at the time of hearing of arguments on charges. In the meanwhile the case was committed by the learned ACJM Jhunjhunu to the Court of Sessions

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