TARKESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AGGRIEVED by the order dated 7.4.2001 passed by the 6th Additional Sessions Judge, Chapra in sessions Trial no. 59 of 1999 petitioner has preferred this revision application. By the said order, warrant of arrest has been issued to the petitioner to face the trial, in exercise of power under section 319 of the Code of Criminal Procedure.

(2.) ON the basis of a report given by one Shashi Kant Singh, Mashrak RS. Case No. 38 of 1998 under section 302/34 of the Indian Penal Code was registered. Petitioner has been named as one of the accused. Police, after investigation, submitted charge sheet against one Chandra Shekhar Singh showing other accused as absconders. So far as this petitioner is concerned, the investigation has been entrusted to the Criminal Investigation Department and the same is still at the stage of investigation. Charge under section 302 of the Indian Penal Code and 27 of the Arms Act have been framed against the charge sheeted accused Chandra Shekhar Singh and another accused. In the trial, witnesses were examined and when the matter was taken up on 7.4.2001, the learned Judge passed the following order.

(3.) AGGRIEVED by the aforesaid order, the informant Shashi Kant Singh preferred Cr. Appeal No. 547 of 2002 and the Supreme Court by its judgment dated 24th of April [Shashikant Singh V/s. State of Bihar & Others (2002) 5 SCC 736] set aside the order of the High Court and remitted the matter back for fresh consideration. While doing so, it observed as follows ;