HARE RAM RAI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioner is aggrieved by the order dated 24.4.2015 passed by the learned Additional Sessions Judge, VII, Buxar, in Sessions Trial No. 398 of 2014 arising out of Simri P.S. Case No. 117 of 2013 by which the court below has discharged the opposite party no. 2 to 7 under Sec. 307 of the Indian Penal Code (for short 'IPC') and remitted the records to the learned Chief Judicial Magistrate, Buxar to proceed ahead with the other offences under which cognizance was taken.

(3.) From perusal of the impugned order it would appear that upon submission of the police report under Sec. 173(2) of the Code of Criminal Procedure (for short 'CrPC'), the learned Chief Judicial Magistrate, Buxar, took cognizance of the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the IPC. Since the offence punishable under Sec. 307 of the Penal Code is triable by a court of session, the court of Magistrate committed the case of the accused persons sent up for trial to the court of Session. At the stage of framing of charge an application under Sec. 227 of the Crimial P.C. was filed by the accused persons. The plea of the accused persons was that in view of the allegations made in the FIR and the materials collected during investigation ingredients of the offence under Sec. 307 of the Penal Code are not attracted. After hearing the parties and perusing the materials available on record, the learned Additional Sessions Judge - VII, Buxar vide impugned order dated 24.4.2015 allowed the application of the accused persons to the extent indicated herein above.