UDAY SINGH @ UDAY SHANKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (in short as Code) has been filed to set aside the order dated 14.10.2004 passed by learned 1st Additional Sessions Judge, Nalanda in ST. No. 330 of 2003 arising out of Deep Nagar P.S. Case No. 41 of 1999/G.R. No. 468 of 1999, whereby the prayer for discharge has been refused.

(2.) THE prosecution case, in short, is that the informant Janardan Pandey gave Fardbeyan that in the night of 11.3.1999 he was sleeping in his room situated on the first floor of his house and the door of the room was opened. At about 12.30 A.M. four miscreants came to the roof of the house. They demanded informant 'srifle. The informant saw them in the light of electricity. They also caught hold the informant 'sson Vijay Shankar Pandey and threatened to kill him. The informant 'swife on the instruction of the informant opened the door of the room and thereafter the miscreants took away licence, rifle and several cartridges. They also snatched ear ring from the ear of the informant 'swife. The informant identified Arvind Singh who is son -in -law of his villager Jagdish Singh and Bijendra Singh. He also 'identified one other accused. It appears that the police after investigation submitted charge -sheet against the petitioner Uday Singh alias Uday Shankar and others for the offence under Sec.395 IPC and after cognizance the case was committed to the Court of Session. It appears that now the case is pending before the 1st Additional Sessions Judge, Nalanda where the petitioner filed a petition under Sec.227 of the Code to discharge him from the case but the court rejected Ws prayer by the impugned order dated 14.10.2004.

(3.) LEARNED A.P.P. opposed the prayer but conceded to the above factual position of the case.