DEVENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, Shri Shivendra Kishore, learned Counsel appearing on behalf of opposite party No. 2 and Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State.

(2.) Three Petitioners, who were at the relevant time official of the Mines and Mineral Development Corporation, are before this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 13.8.2007 passed in Cr. Revision No. 550 of 2004 by the Additional Sessions Judge-XI, Patna, whereby the revision preferred against the order dated 7.7.2004 passed by the learned Judicial Magistrate, 1st Class, Danapur in Maner P.S. Case No. 35 of 1999 (G.R. Case No. 185 of 1999) was rejected. By order dated 7.7.2004, the learned Magistrate, while exercising power under Section 311 of the Code of Criminal Procedure, has directed for summoning all the charge-sheeted witnesses.

(3.) Short fact of the case is that on the basis of fardbeyan of opposite party No. 2, an F.I.R. vide Maner P.S. Case No. 35 of 1999 was registered on 17.2.1999 for the offence under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code. In the said case, alleged occurrence had taken place on 16.2.1999. After investigation, police submitted charge-sheet on 30.3.1999 under Sections 341, 323, 325/34 of the Indian Penal Code. After submission of charge sheet, cognizance order was passed and on 6.11.2000, charges were framed under Sections 341, 323, 325/34 of the Indian Penal Code against three Petitioners. After framing of the charges, number of dates were fixed for examination of witnesses. However, the prosecution preferred not to examine even single witness and finally on 27.3.2004, the learned Magistrate closed the prosecution evidence by assigning a detailed reason and case was fixed for recording statement of accused persons under Section 313 of the Code of Criminal Procedure and on 14.5.2004, statement of accused persons was recorded under Section 313 of the Code of Criminal Procedure. Thereafter, the case was fixed for argument. Subsequently, by the impugned order i.e. order dated 7.7.2004, the learned Magistrate under Section 311 of the Code of Criminal Procedure directed for summoning all the charge-sheeted witnesses.