HIMANSU SHEKHAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application in revision under Sections 397 and 401 of the Code of Criminal Procedure (in short 'the Code). It is for partly setting aside the order dated 18.9.1997 passed by Shri M.L. Chaudhary, Additional Sessions Judge, I Barh in State V/s. Ramphal Yadav and others, ST No. 311/1995 by which the petitioner being the informant was taken into custody and remanded to jail.

(2.) THAT allegation against the present petitioner is that one Sukhdeo Yadav, an accused in the aforesaid sessions case did not appear before the Court on the dates fixed. In his place, some body else appeared and impersonated for him. 11.9.1997 was the date fixed in the sessions trial. It is alleged that on this date also, accused Sukhdeo Yadav did not appear before the Court and in his place, some body else has appeared. It is contended on behalf of the petitioner that on this date also, he had pointed out this fact to the learned Court. On the next date (18.9.1997) again, he had drawn the attention of the Court to this fact. The present petitioner was the informant in this session case which was also under Section 302 of the Indian Penal Code. He was examined before the Court as PW 5 on 23.5.1996 in which he had named Sukhdeo Yadav as one of the accused. On 11.9.1997, the accused -persons were examined in the Court under Section 313 of the Code but in place of accused Sukhdeo Yadav another person personating for Sukhdeo Yadav got himself examined under this Section along with other accused -persons of the case. This fact was pointed out by the petitioner on that date but the Court did not take any action since the Advocates of the Court were mourning the sad demise of one of their colleague Shri Raj Kumar Prasad and the Court also could not function for whole day due to his sad demise.

(3.) LEARNED Additional Sessions Judge, however, by his order dated 18.9.1997 took the petitioner into custody and remanded him to jail for making false statement. Also he ordered to institute a complaint case against the present petitioner.