MEHRU NISHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This application is directed against the order dated 3.2.2001 passed in Cr. Rev. No. 17 of 2001 (Mehru Nisa v. State of Bihar) by the learned Sessions Judge, Saharsa preferred on behalf of the Petitioner assailing the order dated 5.1.2001 passed by the Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 64 of 2000 whereby the Chief Judicial Magistrate, Saharsa has discharged the F.I.R. named accused and had taken cognizance against two non F.I.R. named persons namely Md. Akbar @ Laloo and Md. Akhlad on the basis of the final form/charge-sheet submitted by the police.

(3.) Brief facts of the case is that the Petitioner is the widow of deceased Md. Hafiz Ahmad of Village-Mubarakpur, P.S. Salkhua, District-Saharsa. It is stated that on the date of occurrence, her nephews namely, Md. Abu Fateh, Md. Gauhar @ Munna and Md. Kalam, all sons of Md. Salauddin alongwith Md. Sanjar son of Abu Fateh, Md. Naushad and Md. Ajaj had come to the residence of the informant-Petitioner on motorcycle and it is stated that during the course of altercation which took place in relation to certain landed property, accused Md. Abu Fateh took out a firearm and shot at her husband who fell down and succumbed to the gun injury giving rise to Salkhua P.S. Case No. 64 of 2000. Six persons were named by the informant-Petitioner as being a party to the occurrence of which the Md. Abu Fateh was said to be the assailant. It is stated that the Petitioner having sensed that the Investigating Officer was not properly investigating the matter, filed a protest petition dated 3.8.2000 before the Chief Judicial Magistrate, Saharsa, copy whereof is placed at Annexure-3 to this application. The Petitioner complained that the Investigating Officer had been gained over by the F.I.R. named accused and thus requested personal hearing before any order be passed on the final form.