MAINUL ISLAM Vs. ALIMUDDIN

JUDGEMENT

(1.) HEAD the learned lawyer for the petitioner.

(2.) THE petition is presented under Section 397 read with Section 482 of the Code of Criminal Procedure in order to challenge the order dated 27.5.2003, passed by the learned Chief Judicial Magistrate, Karimganj, in CR Case No. 900/2002 under Section 379 IPC.

(3.) THE contention of the petitioner is that in view of the fact that the cognizance was initially taken up under Section 448/323/427 IPC, the Court ought to have decided the question of guilt on the basis of the same sections. But then, learned Court after proceeding with the matter again added Section 379, IPC without giving any opportunity to him of being heard. That if heard, there could have been scope of discharge order in his favour in so far offence under Section 379 IPC was concerned etc. Hence, the contention of the petitioner is that the order dated 27.5.2003, passed in C.R. Case No. 900/02 is vitiated and liable to be quashed.