LAWS(PAT)-2010-3-120

ASHOK KUMAR SINGH Vs. STATE OF BIHAR

Decided On March 26, 2010
ASHOK KUMAR SINGH SON OF RAM PUKAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) No one appears on behalf of the petitioner either to press this petition or even to make prayer for adjournment.

(2.) The petitioner, who is informant of this case, which was registered long back in the year 1983, came to this Court, while invoking inherent jurisdiction under Section 482 of the Indian Penal Code, against the order dated 22.8.1998 passed by Sri Ved Prakash, Judicial Magistrate, 1st Class, Samastipur, in T.R. No. 30 of 1998/GR 1039 of 1983. By the said order the learned Magistrate had rejected the petitions filed on behalf of the informant (petitioner before this Court) for adding Section 307 of the Indian Penal Code and rejected the prayer to commit the case to the court of sessions.

(3.) Mr. Suraj Prasad Singh, learned Counsel appearing on behalf of the State half heartedly supports the stands of the petitioner. He submits that the injury report, which was prepared by Dr. R.L. Gupta, makes it clear that some of the injuries on the person of the informant were found to be grievous and, as such, the learned Magistrate ought to had committed the case to the court of sessions.