NEELAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two 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 20.9.2000 passed in Sessions Trial No. 222 of 1999 by the Additional Sessions Judge-II, Gaya. By the said order, the learned trial court had summoned the petitioners to face trial along with other accused persons.

(2.) Short fact of the case is that on the written report of opposite party No. 2, an F.I.R. vide Gaya Muffasil P.S. Case No. 94 of 1989 was registered against seven named accused persons including the petitioners for the offence under Sections 307, 325, 323, 342/34 of the Indian Penal Code and 27 of the Arms Act. Subsequently, after the death of victim, Section 302 of I.P.C. was added in the case. However, after investigation, the police submitted charge sheet against four accused persons and both the petitioners were not forwarded for the trial by the police. The case was committed and at the stage of trial, five witnesses were examined and thereafter ,prosecution on the basis of evidence brought on record showing involvement of the petitioners, in the case, filed a petition for summoning the petitioners to face trial along with other accused persons, who were already on trial.

(3.) Aggrieved with the order dated 20.9.2000, both the petitioners approached this Court by filing the present petition, which was admitted on 10.12.2001 and this Court also granted an interim order of stay.