DEVI DAYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment.

(2.) Seven petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 12.11.1998 passed by Additional Sessions Judge-III, Patna in Sessions Trial No.627 of 1997. By the said order, learned Additional Sessions Judge has rejected the petition filed under Section 227 of the Code of Criminal Procedure for discharge of petitioners. ON perusal of the petition, it appears that the petitioners had taken a stand that on an allegation of opening firing by one Raj Kumar Singh an F.I.R. vide Phulwarisharif P.S. Case No.257 of 1993 was lodged. It has been asserted in the petition that in the said case, accused Raj Kumar Singh had fired which resulted in injury to one person and thereafter, he was chased by the mob and after chase, he was apprehended. After apprehension, he was assaulted. On information, police arrived and accused Raj Kumar Singh was arrested in injured condition and F.I.R. vide Phulwarisharif P.S. Case No.257 of 1993 was registered for the offence under Sections 326, 307 of the Indian Penal Code and 25 and 27 of the Arms Act. It has been alleged that from the possession of Raj Kumar Singh, fire arm was also recovered.

(3.) It appears from the present petition that due to injuries, accused Raj Kumar Singh succumbed and thereafter police instituted an another case vide Phulwarisharif P.S. Case No.258 of 1993 for offence under Section 304 of the Indian Penal Code against several unknown persons.