GUDDU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Dhananjay Kumar No. 2, learned counsel for the petitioners and Shri Hirday Prasad Singh, learned Additional Public Prosecutor.

(2.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 31.5.2010 passed by Shri Ravindra Singh, First Class Judicial Magistrate, Bettiah in Tr. No. 1569 of 2010 arising out of Bariya P.S. Case No. 43 of 2007. By t'he said order, as stated by learned counsel for the petitioners, the learned Magistrate has taken cognizance of the offence under Sections 323, 341, 337, 324, 504, 307/34 of the Indian Penal Code.

(3.) It was submitted by learned counsel for the petitioners that though F.I.R. in the case was lodged for the offence under Section 307 and other allied Sections of the Indian Penal Code, during investigation allegation under Section 307 of the Indian Penal Code was not found true and as such charge-sheet under Sections 323, 341, 337, 324, 504/34 of the Indian Penal Code and the learned Magistrate, on receipt of the police report, has passed the order of cognizance under said sections. By order dated 12.7.2007, he submits that being aggrieved with the order of the learned Magistrate whereby, the learned Magistrate had not taken cognizance of the offence under Section 307 of the Indian Penal Code, the informant of the case preferred a revision vide Cr. Revision No. 2441 of 2007. However, the revision petition was disposed of on 26.5.2008 with an observation that the informant can take aforesaid pleas at the time of framing of the charge. After the order of the revisional court within few days, the informant filed a petition on 29.5.2008 before the learned Magistrate. Thereafter, reply was also filed by the petitioners and subsequently, by order dated 31.5.2010, the learned Magistrate concluded that it was a case under Section 307/34 besides other sections and since it was a case triable by the Court of Sessions, he passed an order for committing the case.