SHANKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the petitions arise out of same order i.e. order dated 2.8.2008 passed by Fast Track Court,I, Madhubani in Sessions Trial No.657 of 2007, they were heard together and are being disposed of by this common order.

(2.) In both the petitions, petitioners have challenged the order whereby learned trial court has rejected the petition for discharge filed under Section 227 of the Code of Criminal Procedure.

(3.) Shri Chitranjan Sinha, learned Senior Counsel, who had appeared in both the cases on behalf of the petitioners, has argued that on the basis of averment made in the complaint petition itself, no offence is made out. Nor, during enquiry before the cognizance, any material was brought on record disclosing complicity of the petitioners of both the cases in the present case and as such at the time of charge, petition was filed under Section 227 of the Code of Criminal Procedure, which has been rejected by the impugned order, which requires to be interfered with. It was submitted by learned Senior Counsel that admittedly in this case, kidnapping of father of the informant was done in the year 1983 and thereafter, no step was taken by the complainant for filing any case and at belated stage in the year 2002, the present complaint petition was filed disclosing complicity of petitioners for commission of offences under Sections 323, 364, 302, 420, 468 and 120B of the Indian Penal Code. In respect of petitioner Dr. Shankar Jha in Cr. Misc. No.36536 of 2008, learned Senior Counsel has referred to number of paragraphs of petition to show that the petitioner was a Medical Officer and he, for the first time, joined at Jhanjharpur in the year 1989 and as such there was no question for involvement of the petitioner in the present case.