MANAGER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of opposite parties.

(2.) This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 02.02.2005 passed by learned 3rd Additional Sessions Judge, Siwan, in Criminal Revision No. 21 of 2004, refusing the prayer to set aside the order dated 17.05.2003 passed by Sri V.B. Gupta, learned Judicial Magistrate, 1st Class, Siwan, allowing the prayer of the accused persons that case under Section 307 is not made out but directing them to be present for framing of charge against them for other minor offences and trial.

(3.) Admittedly, at the instance of the petitioner Maharajganj P.S. Case No. 116 of 2002 for offences under section 341, 323, 324, 307, 504/34 of the Indian Penal Code was instituted on 12.07.2002, wherein after investigation charge sheet was submitted and as it appears from order dated 17.05.2003 passed by Shri V.B. Gupta, Judicial Magistrate, 1st Class, Siwan, in Tr. No. 18/2005 that cognizance for such offences had already been taken by the Chief Judicial Magistrate, where perhaps matter was pending for commitment of the case to the court of session, but the opposite parties accused persons filed a petition on 12th December 2002, stating therein that cognizance for the offences under section 307 of the Indian Penal Code has been taken in a mechanical manner, whereas, no such offence is made out and accordingly the court below after hearing them, arrived at the conclusion that no offence under section 307 is made out so refused to commit the case but ordered to proceed with trial. The petitioner against order of the court below preferred Cr. Rev. No. 21/2004, which has also been dismissed vide order dated 02.02.2005 by learned 3rd Additional Sessions Judge, Siwan.