DIGVIJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioners seek quashing of the order dated 01.09.2015 passed by the learned Additional Sessions Judge-III, Samastipur in Sessions Trial No. 222 of 2013, arising out of Musrigharari P.S. Case No. 156 of 2012, whereby the application under Section 228(1) of the CrPC filed on behalf of the petitioners has been dismissed.

(2.) The aforesaid police case was registered for the offence punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code (for short "IPC"). On completion of investigation a report under Section 173(2) of the CrPC was submitted by the Investigating Officer in the court of learned Chief Judicial Magistrate, Samastipur. A perusal of the police report as contained in Annexure- 6 to the present application would indicate that charge-sheet against the petitioners was submitted only for the offences punishable under Sections 341, 323, 325 and 504/34 of the IPC. However, differing with the police report, learned Magistrate took cognizance of the offences punishable inter alia under Section 307 of the IPC and after complying the provisions prescribed under Section 307 of the CrPC, the case was committed to the court of sessions for trial.

(3.) At the stage of framing of charge, an application under Section 228(1) of the CrPC was filed on behalf of the petitioners which has been rejected vide impugned order dated 01.09.2015.