COMMANDING OFFICER Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition under Sec. 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) has been filed at the instance of the Commanding Officer, Headquarters, Recruiting Zone, Danapur Cantt., Patna, challenging the order dtd. 22/4/2017, passed by the learned Additional Chief Judicial Magistrate, Danapur (Patna) in connection with Shahpur P.S. Case No. 19 of 2017, dtd. 28/1/2017, instituted for the offences under Ss. 420, 467, 468, 471/34 of the Indian Penal Code, whereby the prayer made on behalf of the petitioner for transferring the case of the newly added opposite party Nos. 3 and 4 (serving Army personnel) from the Ordinary Criminal Court to the Military Court, to be tried under the Army Act, 1950 (hereinafter referred to as the Army Act), has been refused.

(2.) A written report was submitted by opposite party No. 2, Sub-Inspector of Police, Shahpur Police Station on 28/1/2007, alleging that five named accused persons along with others were attempting to sabotage the appointment process in the Indian Army by arranging for fake documents and certificates for the purposes of such appointment, at the instance of the applicants. On the basis of the aforesaid written report, a case vide Shahpur P.S. Case No. 19 of 2017, as referred to above, was registered for investigation.

(3.) A petition was filed by opposite party No. 2 on 30/31/1/2017 before the learned court below seeking issuance of warrant of arrest against opposite party Nos. 3 and 4, as it was urged that sufficient materials had been collected against the aforesaid two opposite parties. One Munna Singh had disclosed the names of opposite party Nos. 3 and 4 in his confessional statement regarding their involvement in the occurrence.