By filing this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to call for the record of Sessions Case No. 160 of 2011 and further quash and set aside the order passed by the learned Additional Sessions Judge, Panchmahal below Exh.22 on 30.3.2012.
If the order below Exh.22 in Sessions Case No. 160 of 2011 is seen, learned Assistant Pubic Prosecution had tendered an application under Section 319 of the Code of Criminal Procedure, 1973 that during the course of recording of the evidence of witness, role of the other accused person had surfaced and accordingly, said accused persons were required to be joined as a accused in the case.
The learned Judge after considering the submissions and law laid down in this regard by this Court found substance in the application and accordingly issued warrant which do not require any interference in Sessions Case tried for offences under Section 302 and 504 of Indian Penal code.
In absence of any illegality in exercise of jurisdiction by the Court below, no interference is called for and according the petition is rejected.
[ANANT S. DAVE, J.] //smita// Top