BIRLA INSTITUTE OF TECHNOLOGY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for issuing writ, order or direction in the nature of certiorari for setting aside the judgment and order of acquittal dated 25.2.1995 passed by Second Additional judicial Commissioner, Ranchi, in sessions Trial No. 318 or 1984 arising out of Sadar P.S. Case No. 94 of 1982. Further relief has been sought for directing the trial Court to hold re- trial of the accused persons, respondents No. 2 to 19.

(2.) It appears that first information report (copy at Annexure-1) was filed by Sri Parmeshwar Shukla, the Officer-in-charge of P.S. Sadar, Ranchi, Camp Mesra, B.I.T. More. It was filed in respect of an incident which took place on 16.4.1982 where in a clash took place between the student of the petitioner. Institution and a mob of villagers including the accused respondents No. 2 to 19. Number of students were injured in the incident and two out of the injured persons subsequently succumbed to their injuries. After investigation charge- sheet was submitted against the accused respondents No. 2 to 19 who pleaded not guilty to the charge. It further appeared that only one witness could be examined by the prosecution and the learned Sessions Judge, on appraisal of evidence on record, found the charges to be not proved and acquitted the accused respondents No. 2 to 19. The State does not appear to have filed any appeal against the said order of acquittal. The petitioner-Institution has filed the present petition for setting aside the order of acquittal and for direction for re- trial.

(3.) A preliminary objection has been raised about the maintainability of the present petition at the instance of the petitioner-Institution, who is third party to the criminal proceedings in which the impugned order and judgment have been passed.