DATED

11.01.2022

IN

S.C.NO.101/2018

(CRIME

NO.244/2016

OF

MANVI

P.

S.

FOR

THE

OFFENCES

PUNISHABLE UNDER SECTIONS 143, 147, 148, 504, 307, 323,

324 AND 506 READ WITH SECTION 149 OF IPC) PASSED BY

THE PRL. DISTRICT AND SESSIONS JUDGE AT RAICHUR

ISSUING NOTICE TO THE PETITIONERS.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioners who are said to be the additional

accused Nos.12 to 26, have filed this petition challenging

the dismissal of the application under Section 227 of

Cr.P.C.

which

was

filed

for

discharge

them

from

S.C.No.101/2018.

02. Heard the learned counsel for the petitioners

and the learned High Court Government Pleader for the

respondent - State.

03. The case of the prosecution is that on the

complaint of one Sharanappa, the police have registered

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the FIR against 26 persons including these petitioners for

the various offences including 307 of IPC in Crime

No.244/2016. After the investigation, the police have filed

the charge-sheet against the accused Nos.1 to 11 by

dropping the names of these petitioners. Subsequently,

the case has been committed to the learned Sessions

Court and matter was assigned to the Trial Court. The Trial

Court framed the charges against the accused Nos.1 to 11

and summoned the complainant and examined as PW.1.

During his evidence, the PW.1 Sharanappa given evidence

against these petitioners. Based upon the evidence, the

Public Prosecutor filed an application under Section 319 of

Cr.P.C. for impeading these petitioners as additional

accused for facing the trial along with accused Nos.1 to

11. On the application filed by the prosecutor, the Trial

Court has issued the notice to these petitioners on

12.11.2020 to be appeared on 30.12.2020.

04. In pursuance of the notice, these petitioners are

appeared before the Trial Court and they have shown as

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proposed accused Nos.2 to 26. The learned counsel for the

petitioners appeared before the Court along with bail

petition under Section 439 of Cr.P.C. They have been

granted bail. Subsequently, the Trial Court has posted the

matter for framing of charges against these petitioners.

Subsequently, on 06.04.2021, the learned counsel for

these petitioners has filed an application under Section

227 of Cr.P.C. for discharging them from the case, which

came to be rejected, which is under challenge.

05. The

learned

counsel

for

the

petitioners

contended that the Trial Court though issued the notice,

but no order has been passed under Section 319 of Cr.P.C.

for impleading them as additional accused. There is

violation of the judgment of the Hon'ble Supreme Court in

the case of Hardeep Singh vs. State of Punjab and

others, reported in 2009 (16) SCC 785 and order

passed by the Coordinate Bench of this Court. There is no

order for impleading these petitioners as additional

accused. The trial cannot be proceeded against them and

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no opportunity has been given them for objecting the

application and no order has been passed. Hence, prayed

for allowing the petition.

06. Per contra, the learned High Court Government

Pleader has objected the petition and supported the order

of the Trial Court.

07. Having heard the arguments and on perusal of

the record, it reveals that in the FIR the names of these

petitioners is shown as accused No.12 to 26. Admittedly,

the police have dropped their names from the charge-

sheet. Subsequently, the cognizance was taken by the

learned Magistrate and committed the case to the learned

Sessions Court. Therefore, the charges were framed

against the accused Nos.1 to 11. The evidence of

prosecution witness almost 04 witnesses have been

examined. The evidence was adduced by PW.1 and other

for implicating these petitioners as additional accused

involved in the crime. Therefore, the Public Prosecutor has

filed an application under Section 319 of Cr.P.C. for

impleading these petitioners as additional accused.

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08. Though, the Trial Court has rightly issued the

notice a