GANESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 4.5.2000 passed by the Additional Sessions Judge V. Vaishali at Hajipur in Sessions Trial No. 220 of 1998 arising out of Vaishali PS Case No.170 of 1996. By the said order, the learned Additional Sessions Judge has rejected the petition filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioner for his discharge.

(2.) Short fact of the case is that in the night on 4.12.1996 about 15 to 20 accused persons entered into the house of the informant and thereafter, killed the husband of the informant. At the time of occurrence, the informant wanted to save her husband however even she also received fire-arm injury and thereafter, a bomb was also thrown on her causing serious injury on her. On the basis of fardbeyan of Hadisan Khatoon, an FIR vide Vaishali PS Case No. 170 of 1996 was registered against about eight named accused persons. However, name of petitioner was not mentioned in the FIR. After investigation, in the month of July, 1997, charge-sheet was submitted against ten accused persons including the petitioner. Subsequently, order of cognizance was passed and while the case reached to the stage of charge, a petition was filed on behalf of the petitioner for his discharge under Section 227 of the Code of Criminal Procedure. It was pleaded before the trial Court that only on suspicion, he was made accused and as such he was required to be discharged. However, the learned 5th Additional Sessions Judge, by its order dated 4.5.2000, rejected the same.

(3.) Aggrieved with the order of rejection of discharge petition, the petitioner approached this Court by filing the present petition, which was admitted on 18.9.2001. This Court also granted an order of stay.