LAXMI NARAYAN PATTAYANAYAK Vs. STATE

JUDGEMENT

(1.) ON the basis of an information lodged by one Tharpa Nandi of Mouza Salgaria, Gopi ballavpur P. S. case dated 13/7/1977 under sections 147/447/427/324 of the Indian Penal Code was started against the accused petitioner. They were duly arrested and released on bail by the learned Sub-divisional Judicial Magistrate, Jhargram. Before the submission of the charge sheet the investigating Officer filed a Petition on 6/8/1977 praying for adding section 307 of the Indian Penal Code to the First Information report. The learned Magistrate did not allow this prayer holding that there was no provision under the code of Criminal Procedure to add a new section to the original First Information report. Thereafter on 18/11/1977 the charge sheet was submitted against the petitioners under sections 147/447/ 327/307 of the Indian Penal Code.

(2.) ON 18/11/1977 accused petitioners filed a petition praying for deleting section 307 of the Indian Penal Code from the charge sheet. The learned Magistrate after hearing both sides did not accede to the prayer of the accused. petitioners and committed the ease to the court of Sessions. This order has been, impugned in this Rule.

(3.) THIS case brings to light a seriour problem which has arisen, because of haphazard orders of commitment which are being passed by learned Magistrates resulting in large accumulations of Sessions trials in the different Districts of West Bengal. In some Districts such as Burdwan and Murshidabad it might take a couple of years to clear up the pending arrears of Sessions cases. The solution to the problem lies in the hands of the learned Magistrates and the Sessions Judges.