BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State, also perused the materials collected in course of investigation from the case-diary.

(2.) The instant application under Section 482 of the Code of Criminal Procedure (for short ' CrPC ') has been filed by the petitioner for quashing the order dated 26.04.2018 passed by the learned Additional Sessions Judge-II, Aurangabad in Session Trial No.187 of 2015/ 221 of 2018 arising out of Nagar P.S. Case No. 75 of 2013 whereby the application filed by the accused persons including the petitioner under Sections 227 and 288 of the CrPC for discharge or transferring the case for trial to the court of Chief Judicial Magistrate or any other Judicial Magistrate of first class has been dismissed.

(3.) Learned counsel appearing for the petitioner submitted that it would be evident from the statements of the witnesses recorded under Section 161(3) of the CrPC and the medical opinion of the doctor, who examined the injured informant Chandan Kumar Singh that no case for the offence punishable under Sections 307 of the Indian Penal Code (for short ' IPC ') is made out. He submitted that so far as other offences are concerned, they are all triable by the court of Magistrate. He contended that without appreciating these materials on record in correct perspective, the learned Additional Sessions Judge-II has dismissed the application filed by the petitioner and two others under Section 228(1)(a) of the CrPC. He argued that the order impugned is bad in law as the same has been passed mechanically and without judicial application of mind.