NIWAS PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THIS application under S. 482, Cr. P. C. has been filed to quash the order dated 2-9-2006 passed by C. J. M. , Bettiah in Bettiah muffasil P. S. Case No. 343 of 2005 thereby and thereunder cognizance under Ss. 302/ 120-B, I. P. C. has been taken against the petitioners. 2a. The short facts in this case is that on 28-11-2005, informant Gulachi Devi lodged fardbeyan before Bettiah Muffasil P. S. Case against eight persons including these petitioners for murder of her husband. The police registered case under Ss. 302/109/34 of the I. P. C. against all the accused persons. The police after investigation submitted charge-sheet against three accused persons and kept investigation pending against rest five accused persons who are petitioners. The learned C. J. M. took cognizance under ss. 302/34, I. P. C. against three accused persons. Thereafter, the case was committed to the Court of Sessions. Now the case is pending before the sessions Judge bearing Sessions Trial No. 405 of 2006 for trial against the three accused persons.

(3.) IN the meantime, the police on 14-7-2006 filed supplementary final report against the petitioners showing them as innocent. The learned C. J. M. called for entire record of Sessions Trial from the Court of sessions Judge along with original case diary and on the basis of material available in the original case diary took cognizance against the petitioners also and directed for issue of warrant of arrest for their appearance.