K. L. SHRIVASTAVA, J.

( 1 ) THIS petition under the Criminal P. C. 1973 (for short 'the Code') is directed against the order dt. 14-10-1985 passed by the Additional Sessions Judge, Jhabua in Sessions Trial No. 321 of 1985 whereby in exercise of powers under S. 319 of the Code he has ordered that the applicant and another be also proceeded against for the offences in question.

( 2 ) THE facts giving rise to the application are these. On a prosecution launched by the police against them, the Judicial Magistrate first class, Thandla found that the accused Sammun and Joyala had committed offences one of which is exclusively triable by the Court of Session. The case was accordingly ' committed under S. 209 of the Code and the sessions trial referred to above came to be registered.

( 3 ) IN the Sessions Court an application was filed on behalf of the State that the applicant Mahendra Kumar Tiwari and one Moise had also committed the offences under Ss. 366 and 493, IPC.

( 4 ) ON a perusal of the statement of the prosecutrix recorded by the police, the learned Additional Sessions Judge in exercise of powers under S. 319 of the Code holding that Mahendra and Moise were equally liable as the

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