KAPILDEO YADAV; PEYARE YADAV SON OF LATE BESAR YADAV; RANJEIT YADAV @ RANJEET KUMAR AND ARVIND YADAV SON OF LATE PRAYAG YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Durgesh Nandan, learned Counsel appearing on behalf of the petitioners and Mrs. Indu Bala Pandey, learned Additional Public Prosecutor, for the State.

(2.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 19.11.2007 passed by Sri V.K. Mishra, learned Additional Sessions Judge, F.T.C. V. Sheikhpura, in Sessions Trial No. 306 of 2006 arising out of Ariari (Karendey) P.S. Case No. 152 of 2005 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 504 of the Indian Penal Code. By the said order the learned Additional Sessions Judge while exercising power under Section 319 of the Code of Criminal Procedure has summoned the petitioners to face trial along with other accused persons.

(3.) It has been argued by the learned Counsel for the petitioners that all the petitioners were made accused in the first information report. However, after investigation the police did not collect any material showing involvement of these petitioners and, as such, the police exonerated them from the charges, and forwarded two F.I.R named accused for facing trial, meaning thereby that they were charge-sheeted. The learned Magistrate took cognizance of the offences and after completion of committal proceeding the trial had commenced and during trial while the witnesses were examined certain materials were brought on record indicating involvement of these four petitioners and thereafter, on petition was filed by the prosecution, the Additional Sessions Judge has summoned these petitioners to face trial.