AJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the aforesaid three applications arise out of the order passed in Silao (Rajgir) RS. Case No. 316 of 1996.

(2.) Cr. Misc.No. 13771 of 2003 and Cr. Misc.No. 22245 of 2003 have been filed for quashing the order dated 16.4.2003, passed by the Judicial Magistrate, 1st Class, Biharsharif by which it has been directed that the statement of four witnesses recorded under Section 164 of the Criminal Procedure Code (hereinafter referred to as the Cr. P.C.) should be reconstructed on the basis of photo stat copy of the statement recorded under Section 164 Cr.P.C. and produced by the informant. Cr. Misc. No. 21802 of 2003 has been preferred for quashing the order dated 3.6.2003, passed by the Judicial Magistrate, 1st Class, Biharsharif, whereby the case of the petitioners have been committed to the court of Sessions Judge, Nalanda at Biharsharif without complying the mandatory provisions contained in Section 207 Cr.P.C.

(3.) Petitioners are named accused in? the F.I.R., for offences under Sections 452, 323, 324, 307, 302/34 of the Indian Penal Code and 27 of the Arms Act. Cognizance has been taken under Sections 302, 307, 324/34 of the Indian Penal Code and 27 of the Arms Act. Thereafter an order was passed on 15.12.1999 by which the case was committed to the court of Sessions. This order was challenged by filing Cr. Misc. No. 2696 of 2000 on the ground that without complying the mandatory provisions in Section 207 Cr.P.C. and without supplying the police papers to the accused persons, the case has been committed to the court of sessions. The order dated 15.12.1999 was quashed and the case was remitted back with the direction to serve police papers to the petitioners as required under Section 207 Cr.P.C. and only thereafter the case be committed to the court of Sessions.