SATYA NARAYAN THAKUR SON OF LATE MAUJEE THAKUR AND BACHCHI DEVI WIFE OF SATYA NARAYAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

(2.) The two petitioners have preferred this application under Section 482 of the Criminal Procedure Code seeking quashing of the order dated 04.02.2005 passed by Additional District & Sessions Judge, F.T.C. No. III, Vaishali at Hajipur in Sessions Trial No. 510 of 1996 arising out of Sarai P.S. Case No. 72 of 1995 summoning them in exercise of powers conferred under Section 319 of the Criminal Procedure Code for an offence under Section 366A of the Indian Penal Code.

(3.) It was first contended by learned Counsel for the petitioners placing reliance upon the decision of Apex Court in a Case Sohan Lal v. State of Rajasthan, 1990 AIR(SC) 2158 and decision of this Court in a case of Uma Shankar Sahay v. State of Bihar and Anr.,1998 2 BLJ 783; that since the two petitioners were made accused at the instance of informant in his complaint petition which formed basis of institution of Sarai P.S. Case No. 72/1995 along with another Chandrika Singh, but, police after investigation submitted charge sheet against non-petitioner and after accepting exoneration of the petitioners the learned Chief Judicial Magistrate accepting the outcome of the investigation took cognizance and committed the case only with respect to said Chandrika Singh during whose trial on prayer of informant under Section 319 of the Criminal Procedure Code, the petitioners have been summoned, but in view of the above two decisions, there is no application of the provision as provided under Section 319 of the Criminal Procedure Code once these two petitioners were exonerated at the very initial stage while accepting the final form submitted by police in exonerating them. But learned Additional Public Prosecutor as well as learned Counsel representing the informant by placing reliance upon decision of Apex Court in a Case Suman v. State of Rajasthan, 2010 1 BBCJ(SC) 373; rightly submitted that the earlier decisions referred to above are no longer applicable in the instant case.