BRAJ MOHAN TIWARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 7.1.1983 passed in Nawanagar P.S. Case No. 82 of 1982, G.R. Case No. 805 of 1982, by the learned Additional Chief judicial Magistrate, Buxar, by which cognizance has been taken against the petitioner of an offence punishable under Sec. 302/ 34 of the Indian Penal Code. On the basis of a first information report lodged by one Mt. Monako Devi, a case had been registered in the Nawanagar police station giving rise to Nawanagar P.S. Case No. 82 of 1982 against the petitioner and others, namely, Rajendra Tiwari, Surendra Tiwari, Brahma Tiwari and Srihari Tiwari. After investigation chargesheet had been submitted in which Rajendra Tiwari, Surendra Tiwari, Hari Tiwari and Brahma Tiwari were mentioned as sent up accused and the petitioner's name was in the column of the chargesheet not being sent up for trial.

(2.) Mr. Braj Kishore Prasad, learned counsel appearing on behalf of the petitioner, has challenged the impugned order on the ground that when the petitioner had not been sent up as an accused, it was not permissible in law for the Learned Magistrate to issue processes against him also and the petitioner could have been made an accused only under the provisions of Sec. 319 of the Code of Criminal Procedure (hereinafter to be referred to as the Code).

(3.) In order to appreciate the contentions raised on behalf of the petitioner, it is desirable to state the facts involved in this case briefly: