MANILAL KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioners, opposite party No. 2 as well as the State.

(2.) The question involved in the present case is whether on completion of the investigation, submission of the charge-sheet and order taking cognizance, supplementary charge-sheet can be submitted without their being any fresh material for submission of second charge-sheet and without any investigation in relation to the fresh material. Another question which has been raised is whether the supervision note of the Deputy Superintendent of Police, Barh, will be deemed to be a statement recorded under Section 161 of the Criminal Procedure Code and sufficient for submission of supplementary charge-sheet.

(3.) Petitioners have filed this application for quashing the order, dated 7-4-2004, passed by the Additional Chief Judicial Magistrate, Barh, in Barh P.S. Case No. 186 of 2001 and also for quashing the supplementary charge-sheet No. 184 of 2003, dated 23- 9-2003, on the basis of which cognizance of offence under Sections 302, 322, 307 and 34 of the Indian Penal Code and 27 of the Arms Act has been taken against the petitioners.