KAMLESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the Stale.

(2.) The petitioners are aggrieved by the order dated 29.7.2008 passed in C.R. Case No. 1227 of 200, arising out of Samastipur (Muffasil) Police Station Case No. 130 of 2000 by which the Chief Judicial Magistrate, Samastipur has taken cognizance for the offences alleged to have been committed under Sections 147, 148, 149, 323, 307, 302 & 120B of the Indian Penal Code.

(3.) The petitioners were accused in a case under Section 302 and other allied sections of the Indian Penal Code. Charge-sheet was submitted against one of the co-accused Jai Shankar Jha and cognizance was also taken against him. A supplementary charge was submitted which indicated that the petitioners were not found to be involved in the alleged occurrence. The final form was submitted in the second round, was accepted by the Chief Judicial Magistrate, Samastipur on 21.8.2003. The order does not indicate whether the informant was heard before the final form was submitted. In any event, the matter came to be challenged before the High Court. The High Court held vide order dated 3.8.2004 that "the Magistrate should proceed with the protest petition treating the same to be complaint and pass orders in accordance with law". The informant thereafter moved before the Supreme Court against the order of the High Court. The Supreme Court passed the following orders: