GOPAL KRISHNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the impugned order dt. 28-7-1982 passed by Shri S.R. Pandey, Sub-divisional Judicial Magistrate, Saharsa by which the learned Magistrate ordered that the petitioner be made an accused to face trial in the aforesaid case for the offences under Ss. 420, 465, 468 and 120-B of the Penal Code.

(2.) A Boring Supervisor, Work Sarkar of Minor Irrigation Department along with a few cultivators had been put on trial for the offences in a case of 1965 giving rise to G.R. Case No. 408 of 1965. The evidence had been adduced and the case was finally fixed for judgment on 28-7-1982. At that stage the learned Magistrate has passed the impugned order purported to be under S.319 of the Code of Criminal Procedure (hereinafter to be referred to as the Code).

(3.) Learned counsel appearing on behalf of the petitioner has submitted that the impugned order at the stage at which it had been passed cannot be said to be in accordance with the true application of S.319 of the Code.