ACHHELAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Sanjay Kumar No. 1, learned counsel for the petitioner and Shri Dashrath Mehta, learned APP for the State.

(2.) This petition seeks quashing of order dated 11.2.2007 passed under Section 323 of the Code of Criminal Procedure (hereinafter referred to as the Code) which was passed by the S.D.J.M., Bettiah, West Champaran in Trial No. 971 of 2007.

(3.) The learned Magistrate had earlier put the accused persons on trial only under Section 354 of the IPC but, after examination of four witnesses during the course of trial, he came to the finding that they had given evidence which could constitute offence under Section 354 of the IPC and, as such, held that the case was such which was triable by the Court of Sessions and directed that the case be committed to that court for trial.