MOHD NASIR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision-application is directed against the judgment and order dated 28.1.1988 passed by 3rd Additional Sessions Judge, Bhagalpur in Cr. Revision No. 156/87 by which the learned Additional Sessions Judge has set aside the order dated 27.5.1987 passed by sub-divisional Judicial Magistrate, Naugachhia in C. 48/87.

(2.) It appears that the opposite party No. 2 filed a complaint before the learned sub-divisional Judicial Magistrate, Naugachhia alleging that on 13.4.1987 at about 12 o'clock in the night when he and his wife were sleeping outside thatched house the accused petitioners came there variously armed and the accused petitioner No. 1 put his three Not (Gun) on the chest of the complainant and exhorted his companions to take the belongings from the house whereupon the other petitioners took away two maunds Arhar, one piece of Sari, one Thali and one Lota. It was further alleged that the accused Md. Junaid Ansari (Petitioner No. 3) threatened the complainant's wife to keep mum. it was alleged that the accused Nisar (petitioner No. 1) set fire to the complainant's thatched house which resulted in the complete burning of the house along with the articles kept in it. It was alleged that the complainant went to the police station, but petitioner Nos. 1 and 3, Nisar and Junaid were already there and the police was in their collusion. On 15.4.1987, the complainant filed a complaint before the learned Magistrate, which was sent by the learned Magistrate to police for instituting a case to investigate. The said order was recalled on a petition filed by the complainant and the learned Magistrate after examining the complainant held enquiry under Section 202 of the Code of Criminal Procedure. Four witnesses were examined enbehalf of the complainant. The learned Magistrate on consideration of the evidence came to the conclusion that the complainant had not been able to prove his case and as such he did not find sufficient materials to proceed with the case. Accordingly, the learned Magistrate dismissed the case under Section 203 of the Code of Criminal Procedure (here in after referred to as the Code). Feeling aggrieved the complainant filed Criminal Revision No. 156/87, which was heard and disposed of by 3rd Additional Sessions Judge, Bhagalpur by the Judgment and order under revision. The learned Sessions Judge set aside the order of the learned Magistrate and sent the record to the learned Magistrate for passing necessary orders according to law. The learned Sessions Judge observed that the learned Magistrate was not justified in dismissing the complaint case as untrue after examining the evidence of witnesses. The learned Sessions Judge observed that meticulous examination of the statement of witnesses, the facts and circumstances of the case are to be done after the close of the trial and not at the stage of enquiry under Section 202 of the Code.

(3.) Being 'aggrieved by the order passed by the learned Sessions Judge the accused have preferred this criminal revision.