CHANDRADEEP PRASAD SHRIWASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer in the present application is to quash the order dated 15.12.2001 passed by the Sub Divisional Judicial Magistrate, Sasaram in G.R. Case No. 1422/94. By the impugned order the petitioner has been summoned to face trial in exercise of powers under Section 319 of the Code of Criminal Procedure Code.

(2.) THE petitioner was one of the named accused persons in G.R. Case No. 1422/94. After investigation a charge -sheet was submitted against one of the accused and the petitioner and other accused were not sent up for trial. By an order dated 27.7.1995 the petitioner along with other accused who were not sent up for trial were discharged from the case by recording that they had not been sent up for trial. This order was passed at the stage simultaneously while taking cognizance against the charge - sheeted accused.

(3.) THE brief facts necessary for the purpose of the present case are recorded hereinafter. An FIR was lodged on 19.8.1994 by the informant - Opposite party No. 2 alleging that a sum of Rs. 80,000/ - had been fraudulently withdrawn from his savings bank account in the State Bank of India on the basis of a duplicate pass book. The police after investigation submitted a charge - sheet only against one accused Ram Badan Choudhary who is said to have applied for issuance of duplicate Pass Book and having signed the withdrawal slip received the amount in question.