NITYANAND SAH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 9.8.2000 whereby the learned Sessions Judge, Darbhanga has rejected the discharge petition filed on behalf of the petitioners under Section 227 of the Code of Criminal Procedure.

(2.) Short fact of the case is that the opposite party No. 2 filed a complaint vide Complaint Case No. 189 of 1994, which was transferred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure. However, after investigation, police submitted final form recommending as it was a case of mistake of fact. After submission of final form, the learned Magistrate, differing with the police report on the basis of materials available in the case diary, took cognizance of offence under Sections 302, 201, 436/34 of the Indian penal Code. When the case reached to the stage of charge, petition for discharge was filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioners and the learned Sessions Judge, by its order dated 9.8.2000, rejected the discharge petition.

(3.) Aggrieved with the rejection of discharge petition, the petitioners approached this Court by filing the present petition. This case was admitted on 19.2.2002. While admitting, this Court directed that pending hearing of this application, interim order dated 1.11.2001, shall remain operative.