CHHATHU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application by the petitioners has been filed for quashing the order dated 11.2.2003 passed in Criminal Revision No. 376 of 2002 dismissing the revision which was filed by the petitioners against the order dated 27.9.2002 passed by the SDJM, Sikrahna at Motihari in Ghorasahan PS Case No. 133 of 2001 taking cognizance under Sections 376 and 379/34 of the Indian Penal Code.

(3.) FROM the impugned order which has been passed in Criminal Revision No. 376 of 2000 I find that the Sessions Judge has rejected the revision considering the materials on record observing that a case under Sections 376/511 is made out against the petitioners and that the offence under Sections 376/511, IPC is also triable by the Court of Session. It further appears that the Sessions Judge relying on an authority reported in the case of Lallan Choudhary and others v. State of Bihar, 2003 (2) East Cr C 125 (Pat) : 2002 (4) PLJR 527, has observed that if from the facts the Court of Session comes to a conclusion that no offence is made out then to discharge the accused under Section 227 of the Code of Criminal Procedure.