DHARMENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner. No one appeared on behalf of the opposite party nos. 2 to 6.

(2.) In this case notices were issued to opposite party nos. 2 to 6 by this Court on 18.7.2007 and they were also validly served.

(3.) In this case a peculiar situation has emerged. Initially the Court below i.e. the Court of C.J.M., Arrah, by its order dated 4.1.2005 had taken cognizance for offence under Sections 341, 324, 327, 379 and 34 of the Indian Penal Code and had issued summons to the said accused including one Laxman Yadav. As against this order dated 4.1.2005 the accused persons had filed a Cri. Revision No. 193 of 2005 which was heard and disposed of by the Addl. District and Sessions Judge (F.T.C.-V), An'ah, by his order dated 28.6.2006 holding that the order dated 4.1.2005 was absolutely justified and that there were materials for proceeding against all the accused persons for different offence including offence under Section 379 of the Indian Penal Code. It is to be noted here that the said order in revision dated 28.6.2006 came to be challenged by the accused persons in Cri. Misc. No. 34044 of 2006 and the same was dismissed as withdrawn with liberty to raise all these points at the time of framing of charge.