RESHAM LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against an order dated 27th August, 1979 passed by the Additional Chief Judicial Magistrate, Araria in Bhargawa P.S. Case No. 7(8) 74. By this order, the learned Additional Chief Judicial Magistrate took cognisance of the offence under Section 395 of the Indian Penal Code against the petitioners on the basis of a supplementary charge -sheet submitted by the police.

(2.) IN the night of 12/13th August, 1974, a dacoity is said to have taken place in the house of the first informant Premlal Mahto. The information was lodged with the police in which the petitioners were also named as accused. On 14.4.1976, the police submitted charge -sheet against only two persons, namely Bindeshwar Mahto and one another. The final report was submitted against the petitioners. The first informant thereupon filed a protest petition which was rejected by the Court on 8.8.1978. Cognisance was taken against the two charge -sheet accused persons and the case was thereafter committed to the Court of Session. On 28.3.1979, the learned Magistrate directed the police to send a copy of the order of the Superintendent of Police to re -open the case. He, however, observed that as the case has been committed to the Court of Session, the question of re -opening the case did not arise. On 8.5.1979, the learned Magistrate after perusing the order of the Superintendent of Police, directed the police to submit charge -sheet. The Charge -sheet was, accordingly, submitted by the police and the impugned order was passed on 27.8.1979.

(3.) THE question for consideration, therefore, is as to whether without any further investigation and without the collection of further evidence, oral or documentary, a supplementary report can be submitted by the police.