BABBAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This criminal revision at the instance of the petitioners arrayed as accused in Fatwah P. S. Case No. 3 (12)/70 under sections 148, 324 I. P. C. and 25 Arms Act, Komal Mahto being the informant, is directed against the order dated 28th August, 1978 passed by the 4th Additional Sessions Judge, Patna, by which he set aside the order dated 13rd Februay, 1977 of the Sub Divisional Judicial Magistrate, Patna City, discharging the petitioners under section 251-A (2) of the Code of Criminal Procedure, 1898, (hereinafter referred to as 'the Old Code')

(2.) A dispute between two factions cropped up in respect of certain lands which contained paddy crop at the relevant time. Apprehending breach of the peace, on 27th November 1970, the Sub-Divisional Magistrate deputed police and a Magistrate for preventing the same. A few days after, 1st December, one Tenni Paswan gave an information to the police about the tension between the two factions, on described by him as raiyats and the other as bataidars. Certain incident, undisputedly, took place on that date. It culminated in the institution of two criminal cases, one being Fatwah P.S. Case No. 2(J2)/70 under sections 114, 379 I, P. C. and Sec. 25, Arms Act in which petitioner no. 1, Baban Sharma, was the informant and the other being Fatwah P. S. Case No. 8 (12)/70 under sections 148, 324 I. P. C. and Sec. 25 Arms Act in which one Komal Mahton was the informant. The police investigated into the two cases and submitted charge-sheet in both of them and the cases were pending before the Sub-Divisional Judicial Magistrate for disposal. It is undisputed that Fatwah P.S. Case No. 2(12)/70 is proceeding against Komal Mahton and others is which the charges have been framed against the accused.

(3.) When the stage of the framing of the charge against the petitioners in Fotwah P. S. Case No. 2 (12)/70 reached, for the reasons stated in order dated 22nd February, 1977, which stated, inter alia, that the charges against the petitioners seemed to be groundless, they were discharged by the Magistrate. The prosecution party took up the matter in revision before the Sessions Judge, Patna and the revision application was disposed of by Additional Sessions Judge by order dated 22nd August, 1978. For the reasons stated in the said order, the Additional Sessions Judge was of the view that there was adequate aad sufficient evidence and circumstances to frame charges against the accused persons and, therefore, the discharge order passed by the learned Magistrate appeared to be without any jurisdiction and fit to be set aside. He, therefore, set aside the order of the learned Magistrate and directed him to frame charges against the accused. It is in these circumstances that the petitioners have come up to this court in revision.