PITAMBER MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 25.2.2005 passed by the 4th Additional Sessions Judge, Samastipur, in Camp Court Rosera in Criminal Revision No. 481 of 2004 by which he has upheld the order of Sri V.D. Rai, J.M. Rosera refusing the prayer of the petitioner to commit G.R. Case No. 34 of 2003/Tr. No. 720 of 2005 to the Court of Session.

(2.) HEARD learned counsel for the petitioner.

(3.) AT trial charges were framed under the above sections. After examination of five prosecution witnesses, a petition was filed on behalf of the prosecution under Section 323, Cr PC to commit the case to the Court on Session on the ground that an offence under Section 364 -A. IPC which is exclusively triable by the Court of Session is made out against the opposite parties. Shri V.D. Rai, J.M. 1st Class. Rosera alter perusing the FIR and the evidence of the Witnesses came to the conclusion that no offance under Section 364 -A, IPC is made out in the case. He accordingly rejected the prayer of the prosecution.