KIYAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, the learned A.P.P. for the State.

(2.) The petitioners who were impleaded as accused party have challenged the order dated 15.7.2006 passed in Criminal Revision No. 197 of 2005 by the learned Presiding Judge, Fast Track Court No. II, Saharsa in which they were not a party.

(3.) The facts of the case may be briefly stated. One Bibi Samina Begum filed a complaint case bearing No. 445(C) of 2005 alleging inter alia the commission of offences under Sections 147/148/149/341/342/ 323/354/379/420/459/376/511/120-B of the Indian Penal Code at around 9 P.M. on 19.2.2005 by the 10 persons impleaded as accused. The learned Chief Judicial Magistrate transferred the complaint to the Court of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Saharsa for inquiry and after examining some of the witnesses the learned Magistrate vide order dated 31.5.2005 sent the case to the S.P. for investigation. Being aggrieved by order dated 31.5.2005 the complainant moved the Sessions Court through Criminal Revision No. 197 of 2005. The petitioners herein filed a petition in the Revision Application to be added as party and the same has been rejected. The reasoning prevailing with the learned Presiding Judge, Fast Track Court No. II, Saharsa who was in seisin of Criminal Revision No. 197 of 2005 was that the petitioners had not been summoned by the Magistrate holding the inquiry which had not been completed and as such the accused had no locus standi to be added as party to the revision. The further ground prevailing with the learned Presiding Judge, Fast Track Court No. 2, Saharsa was that the petitioners have nothing to do with the order dated 31.5.2005 since it was between the complainant and the Magistrate concerned and the only question which fell for consideration in revision was that whether the order dated 31.5.2005 was proper or not.