NAWAL KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 18-1-2002 passed by the 2nd Assistant Sessions Judge, Bhagalpur in Sessions Trial No. 654 of 2001. By the said order, the learned Sessions Judge had allowed the petition filed by opposite party No. 2 under Section 228(1) of the Code of Criminal Procedure and remitted back the case to the Court of Chief Judicial Magistrate for trial.

(2.) Short fact of the case is that an F. I. R. vide Kahalgaon P. S. Case No. 121 of 1999 was registered on 10-5-1999 under Sections 279, 338, 304A and 427 of the Indian Penal Code. The F. I. R. was lodged on the basis of fardbeyan of the Petitioner. It was alleged in the F. I. R. that the opposite party No. 2 had intentionally and rashly dashed three children, who were playing in the N. T. P. C. Colony, while opposite party No. 2 was rashly driving a Maruti Car. In the said occurrence, two children were killed and one received serious injuries. After registering the F. I. R., police investigated the same and thereafter, police submitted charge sheet under Sections 279, 338 and 304 of the Indian Penal Code. Subsequently, the learned Magistrate took cognizance of the offence as per the charge sheet and since the offence under Section 304 of I. P. C. was triable by the Court of Sessions, the case was committed to the Court of Sessions. At the stage of charge, a petition was filed on behalf of opposite party No. 2 for his discharge under Section 227 as well as under Section 228 of the Code of Criminal Procedure. In the discharge petition, several pleas were taken. However, the learned Assistant Sessions Judge, after examining the materials available in the case diary, came to the conclusion that it was a case for the offence under Sections 279, 338, 304A and 427 of the Indian Penal Code and as such no offence was triable by the Court of Sessions. The learned Assistant Sessions Judge, under Section 228(1) of the Code of Criminal Procedure, remitted back the case record to the Court of Chief Judicial Magistrate for trial.

(3.) Aggrieved with the order dated 18-1-2002, the Petitioner, who was informant before the Court below, approached this Court by filing the present petition. On 29-10-2002, the case was admitted and Lower Court Record was called for, which has been received and kept on record of the present case.