KAPIL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shailenra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State. The petitioner has put up a challenge to the order dated 27.07.2006 passed in connection with G.R. No.96 of 1997, Tr. No.315 of 2006 by the learned Judicial Magistrate 1st Class, Pupri at Sitamarhi, whereby he has been summoned to face trial under Section 319 of the Code of Criminal Procedure.

(2.) Opposite party no.2 lodged a First Information Report alleging that 55 Demand Drafts were stolen from the Bank of Baroda. With respect to such theft, a Sanha also was recorded. The First Information Report further disclosed that one Deepak Gupta was arrested by the Gujarat Police, who was in possession of the stolen Demand Drafts and he was apprehended while getting such Demand Drafts encashed. The first information report further revealed that there were withdrawals from Delhi and Allahabad Branch of the Bank from such Demand Drafts.

(3.) On the basis of the aforementioned First Information Report, investigation proceeded. After the conclusion of the investigation, charge-sheet was submitted against Deepak Gupta and one Ramji Rai Mali. Cognizance was taken against both the accused persons under various sections of the Indian Penal Code, namely, 467, 468, 471, 420, 406 and 120B of the Indian Penal Code. The trial of the aforesaid two persons proceeded.