MAZHRAUL ISLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 25.04.2007 passed in Sessions Trial No. 498 of 2005 (Barsoi Police Station Case No. 18 of 2001) by which the Additional Sessions Judge, Fast Track Court No. 3, Katihar has rejected the discharge application of the petitioners.

(2.) The main claim of the petitioners is that there is an allegation to say that the petitioners have formed an unlawful assembly and had attacked the Police Station, damaged it and also assaulted the S.I. B. P. Singh and one Nurse, causing injury to them.

(3.) The Court below has referred to paragraph nos. 2 and 3 of the case diary to say that there is an allegation that injury was caused to the S.I. B. P. Singh and one Nurse. Counsel for the petitioners submits that the reference of the Court below is not justified in view of the fact that there is no injury report to support the fact that grievous injury was caused to any public servant. It is, therefore, submitted that Section 333 of the Indian Penal Code would not apply in this case.