TRIPURARI KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application in revision under sections 397 and 401 of the Code of Criminal Procedure, 1973 (inshort the Code) has been filed against the order dated 1.12.1997 passed by the Sub Divisional Judicial Magistrate, Nalanda at Biharsharif in G.R. Case No. 982 of 1987/ Tr. No. 1083 of 1997 by which the earned Sub Divisional Judicial Magistrate ordered for amendment of the charge framed against the accused persons (present petitioners) so as to include the charge under 406 of the Indian Penal Code also against them.

(2.) FROM the record it appears that Complaint Case No. 236 -C/1987 was filed before the Chief Judicial Magistrate, Nalanda at Biharsharif which was sent to the concerned police station for instituting a case and for submission of the final form. Accordingly, the F.I.R. was instituted and the police after completing the investigations submitted the charge sheet. The cognizance of the offence was taken and uitimately the case was transferred to the court of Shri Vijoy Kumar Pandey, Judicial Magistrate, 1st Class, Nalanda at Biharsharif who after hearing the parties ordered for the framing of the charges under sections 419 and 420 of the Indian Penal Code against the accused persons. Against this order Criminal Revision was filed on behalf of the informant (Cr. Rev.No. 137/97) praying therein that the learned Magistrate be directed to frame the charge also under section 406 of the Indian Penal Code. By an order dated 21.6.1997 the learned Sessions Judge, Nalanda directed the learned Magistrate to frame the charge also under section 406 of the Indian Penal Code. It is against the order of the S.D.J.M. dated 1.12.1997 passed in compliance of the order of the learned Sessions Judge passed in Criminal Revision No. 137/97 that the present revision application has been filed.

(3.) A supplementary affidavit has also been filed on behalf of the petitioners, according to which the negotiation for the marriage had taken place at Muhalla Baluper, Police Station -Digha, District -Patna and Phaldan was also performed there. The Barat had gone to village - Begampur in the District of Nalanda at Biharsharif on 12.6.1986 where the marriage could not be performed and the Barat had returned back. In the meantime, Abhay Kumar Mishra, elder brother of the bride groom was murdered for which a criminal case was started in the district of Patna. From the allegations made against the present petitioners the alleged offence had taken place in the district of Patna and as such the courts within the district of Nalanda had no jurisdiction to try this case.