UMA MAHESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as 'the Code ') has been filed for quashing the order dated 8.8.1997 passed by Sri Ravi Nath Verma, Vlth Additional Sessions Judge, Chapra in Cr. Revision no. 160/95 whereby he affirmed the order dated 31.7.1995 passed by Sri Arvind Kumar Srivastava, Judicial Magistrate, 1 st Class, Chapra in Tr. No. 565/95 whereby he had framed charges against the petitioners for the offences under Sections 379 and 411 with 34 of the Indian Penal Code.

(2.) IT appears that on 28.6.1976 informant Janardan Prasad filed an application before the Superintendent of Police, Saran at Chapra alleging therein that on 27.6.1976 one Nawal Kishore Singh informed him that the petitioners alongwith others came variously armed and started cutting Sisum tree from his land bearing survey plot no. 457 situated within Mauza Rasulpur. The informant 'sfather being an old person reached anyhow and asked as to why they were cutting his tree, upon which Uma Maheshwar Prasad ordered his two sons to assault him. In this way accused persons took away the log of Sisum tree worth Rs. 400/ - by loading it on a cart on the door of Uma Maheshwar Prasad Singh and on the same day half of the log was taken to Chapra. On the basis of the said application the Police registered Amnaur RS. Case No. 9(6)/76 and after investigation submitted final form in the shape of charge -sheet. The learned Magistrate, Saran at Chapra by order dated 14.2.1979 refused to take cognizance on the basis of the charge - sheet submitted by the police and remitted the matter under Sec. 156(3) of the Code for further investigation. He adjourned the case awaiting supplementary final form. It appears from Annexure - 5. that later on by order dated 20.1.1994 the learned Magistrate in seisin of the case after condoning the delay took cognizance in the case under Sections 379 and 411/34 of the Penal Code. Thereafter, a petition was filed on behalf of accused petitioners to discharge them from the case on the ground that on the basis of allegation no case against them is made out. The said matter was heard and the learned Magistrate by order dated 31.7.1995 refused the prayer against which Cr. Rev. no. 160/95 was preferred before the Sessions Judge, Saran at Chapra and the same was heard by Vlth Additional Sessions Judge who by order dated 8.8.1997 dismissed the revision and affirmed the order of learned Magistrate. Against the said order dated 8.8.1997 petitioners have preferred present application for quashing before this Court.

(3.) SECTION 468 of the Code reads as follows: ''