SHASHI RANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for/quashing of an order dated 2.2.2002 passed by 3rd Additional Sessions Judge, Arrah in Sessions Trial No. 202 of 2001. By the said order, the learned Additional Sessions Judge has rejected the discharge petition filed on behalf of the petitioners.

(2.) Short fact of the case is that on the basis of fardbeyan of one Roop Narayan Singh, an F.I.R. vide Koilwar P.S. Case No. 118 of 1997 was registered on 14.10.1997. As per the F.I.R. several accused persons had committed an occurrence in which two persons were killed and few received injuries. In the occurrence, fire arms were indiscriminately used. After investigation and submission of the charge sheet, the case was committed to the court of Sessions and at the stage of charge petition was filed on behalf of the petitioners for their discharge and by order dated 2.2.2002, their discharge petition was rejected by the 3rd Additional Sessions Judge, Arrah.

(3.) Aggrieved with the order of rejection of discharge petition, petitioners approached this Court by filing the present petition. On 22.8.2002, while issuing notice to opposite party No. 2, this Court directed that in the meanwhile, further proceeding in court below so far petitioners are concerned shall remain stayed. Subsequently, on 22.11.2002, Lower Court Record was called for and it was directed that order of stay dated 22.8.2002 shall continue and thereafter, on 26.2.2003, the case was admitted for hearing and it was directed that in the meanwhile, interim order passed on 22.8.2002 shall continue. While admitting, rule was made returnable within four months. On 16.10.2003, order of stay dated 22.8.2002 was ordered to be vacated and thereafter, on 4.11.2003, the case was dismissed for non prosecution. After filing of the restoration, the petition was restored to its original file.