RAM NARESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned single Judge of the Jharkhand High Court. Appellant filed writ petition (Crl.) No. 284 of 2002 with the prayer to quash the order dated 18.2.2002 passed by learned Sessions Judge Palamau in Criminal Revision No. 53 of 2001. By the said order learned Sessions Judge set aside order of learned Chief Judicial Magistrate accepting the final report submitted by the police and directed him to pass a fresh order after perusing the case diary and after hearing the informant. Further prayer was to quash the order passed by learned Chief Judicial Magistrate on remand taking cognizance of offences punishable under Sections 413 and 414 of the Indian Penal Code, 1860 (in short the IPC).

(3.) Background facts in a nutshell are as follows: One Arun Kumar Mishra (hereinafter referred to as the informant - Respondent No.4) in the present appeal filed the First Information Report (in short the FIR) at the Bishrampur Police Station in Palamau District against unknown persons. It was stated that in the preceding night some unknown persons had stolen five idols from Thakur Bari. On the basis of the FIR police instituted case relating to offence punishable under Sections 457 and 380 IPC. Investigation was carried out but in the absence of any definite clue, the final report was submitted on 4.1.1997, which was accepted by learned Judicial Magistrate. After about one week one Raghu Thakur was arrested on 12.1.1997 and he made an extra judicial confession before the villagers. On the basis of the said extra judicial confession four persons were detained who were Raghu Thakur, Alak Singh, Dwarika Saw and Vijay Kumar Soni. On 12.3.1997 police submitted Suppl lementary Final Form against the aforesaid four persons indicating commission of offences punishable under Sections 457, 380, 411 and 414 IPC. Final Form was filed so far as appellant is concerned. Learned Judicial Magistrate, First Class, by his judgment dated 27.1.1999 convicted all the four accused persons. During trial an application under Section 319 of the Code of Criminal Procedure; 1973 (in short the Cr.P.C.) was filed by prosecution with a prayer to summon the appellant as an accused. The said application was dismissed by the trial court. The same was not challenged before any higher court but the investigation was kept alive. Investigation was taken over by the CID Police from the district police. After investigation on 22.5.1999 final report was submitted so far as the appellant was concerned. The same was accepted. On 18.2.2002 after about two years, respondent No. 2, a practising advocate who was neither the complainant nor having any connection with the alleged offence, filed a revision petition before the learned Sessions Judge, Palamau, against the order dated 22.5.1999. By order dated 18.2.2002 the revision petition was allowed and learned CJM was directed to hear the informant or APP, peruse case diary both original as well as Suppl lementary and then pass order in accordance with law. According to the appellant no notice was issued to the appellant nor was he heard. Though the revision petition was highly belated, the same was admitted ex parte and that too without condonation of delay. The appellant had no knowledge about these subsequent events. On 29.8.2002 learned Chief Judicial Magistrate passed an order taking cognizance for offences punishable under Sections 413 and 414 IPC and non-bailable warrant was issued so far as the appellant is concerned. Aggrieved by the order dated 29.8.2002 of learned CJM, appellant filed a revision petition before learned Sessions Judge who dismissed the same. Questioning correctness of both the aforesaid orders, a writ petition was filed which was dismissed by the impugned order.