DINESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The three petitioners, along with one Sheo Balak Pandey were named in the First Information Report of Harnaut P.S. Case No. 101 of 2003 dated 30.5.2003 registered for the offences under Sections 341, 323, 379/34 of the Indian Penal Code in which Section 302 of the Indian Penal Code was later added and the police after investigation submitted charge-sheet only against the Sheo Balak Pandey, are aggrieved by the order dated 17.1.2004, Annexure-3 to this application, whereunder the Chief Judicial Magistrate, Nalanda has taken cognizance of the aforesaid offences and issued processes not only against the said Sheo Balak Pandey, who was charge-sheeted and sent up for trial, but also against the petitioners, who were not sent up for trial. Petitioners are further aggrieved by the order dated 30.6.2004, Annexure-4 to this application, passed by the 4th Additional Sessions Judge, Nalanda in Cr.. Revision No. 45 of 2004, whereunder the learned Additional Sessions Judge has dismissed the Revision and has thereby upheld the order of the learned Chief Judicial Magistrate, Nalanda issuing processes against the petitioners.

(3.) Learned counsel for the petitioners appearing in support of this application has contended that in terms of the scheme of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioners even though named in the First Information Report were not sent up for trial could have been roped in the trial only after commitment of the case by resorting to the provisions contained in Section 319 of the Code on the basis of the evidence led in the trial showing their complicity. According to the learned counsel for the petitioners, instant case being exclusively triable by the Court of Sessions learned, Chief Judicial Magistrate had only jurisdiction to issue processes against such accused, who have been sent up for trial and he had absolutely no jurisdiction to proceed against the persons named in the First Information Report, but not sent up for trial.