DINKAR YADAV @ DINKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THREE 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 30.1.1999 passed by Additional Chief Judicial Magistrate, Rosera in Rosera P.S. Case No. 11 of 1996. By the said order, the learned Magistrate had taken cognizance of offence under Sections 147, 148, 149, 323, 447, 436, 341 and 109 of the Indian Penal Code and transferred the case record to the court of Sri Kamta Prasad, Judicial Magistrate, Ist Class, Rosera for its disposal and directed for issuance of summon against the accused persons including petitioners.

(2.) SHORT fact of the case is that on the basis of a written information of the informant, an F.I.R. vide Rosera P.S. Case No. 11 of 1996 was registered on 14.1.1996 for the offence under Sections 147, 149, 323, 447, 436/34 and 109 of the Indian Penal Code. The F.I.R. was registered against ten accused persons which include the petitioners. In the F.I.R, it was alleged that Accused Nos.1 to 7 (not petitioners) of the F.I.R. on 14.1.1996 at 11.30 A.M. arrived near the newly built up house of the informant and over the land of the informant, accused persons started to fix pegs. When the informant objected same resulted into scuffle and thereafter, on the order given by petitioner No. 1, the house of informant was put on fire and the informant suffered a loss of about Rs.90,000/-. After investigating the case, police submitted charge sheet. However, the learned Chief Judicial Magistrate, after going through the materials available in the case diary came to the conclusion that the Investigating Officer was required to conduct further investigation in the light of direction given by the Sub Divisional Police Officer as well as the Superintendent of Police during supervision which relates to collection of further material against the three petitioners. Accordingly, by an order dated 19.3.1997, the learned Additional Chief Judicial Magistrate directed the Investigating Officer to further investigate the case and, thereafter, submit supplementary charge sheet. Subsequently, in the light of order of the learned Additional Chief Judicial Magistrate, after conducting further investigation and approval from the Superintendent of Police, charge sheet was submitted in the case. By order dated 30.1.1999 i.e. impugned order, the learned Magistrate, on the basis of materials available on record, took cognizance of offence under Sections 147, 148, 149, 323, 447, 436, 341 and 109 of the Indian Penal Code and transferred the case record to the court of Sri Kamta Prasad, Judicial Magistrate, Ist Class, Rosera.