BISHWANATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 9.11.2006 passed by the Chief Judicial Magistrate, Purnia in K. Nagar P.S.Case No. 94/2005 thereby and thereunder the Court below has taken cognizance under Sections 306, 498, 201/34 of the Indian Penal Code against the petitioners.

(2.) PETITIONER no.1, Bishwanath Yadav lodged fardbeyan for murder of his daughter Gayatri Devi against his son -in -law, Jamun Yadav and other family members. The police registered a case bearing K. Nagar P.S. Case No. 94/2005 under Sections 302/201/34 of the Indian Penal Code. However, after investigation the police submitted charge -sheet bearing charge -sheet no. 280/05 against only Jamun Yadav under Sec. 306/201 of the Indian Penal Code and kept the investigation pending against rest of the accused persons. These petitioners were shown in the column of witnesses. Later on the police submitted supplementary charge -sheet bearing charge - sheet no. 235/06 against other named accused as well as these petitioners. These petitioners were also shown in witness column of the charge -sheet. Meaning thereby these petitioners are accused as well as witnesses in the case.

(3.) CONSIDERED the submission of learned counsel for the petitioners as well as the State. I have no doubt in my mind that these petitioners unnecessarily have been implicated in this case. A man cannot be made witness against himself. The police without any material has submitted charge - sheet against the petitioners who are father and brother of the deceased lady. The order of the Chief Judicial Magistrate taking cognizance against these petitioners is perverse and absurd.