SUBHASH CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against order dated 13.6.2007 passed in Cr. Rev. No. 33 of 2007. by the learned Additional Sessions Judge, FTC No. Vth, Khagaria by which the learned Court below has allowed the revision filed by the O.P. No. 2 against order dated 7.3.2007, passed by the SDJM, Khagaria in Complaint Case No. 498(C) of 2006.

(2.) BEFORE I examine the correctness of the order in challenge it would be appropriate to notice the facts of the case in brief. One Mangali Devi filed a Complaint Case No. 529(C) of 2006, which was 18/4/2014 Page 30 Ganesh Rai Versus State Of Bihar registered under Section 376, IPC and 3(x)(xi)(xii)of SC/ST Act. Subsequently Begusarai SC/ST P. S. Case No. 7/04 dated 18.1.2004, was registered under Sections 376 and 504/34 of the IPC and Sections 3/10 of SC/ST (Prohibition of Atrocities) Act. After investigation police submitted final form in favour of the accused persons which was accepted by the learned Magistrate O.P. No. 2 filed a protest petition. The learned Magistrate treated the same as complaint petition which was numbered as Complaint Case No. 498(C) of 2006. The learned Magistrate vide his order dated 7.3.2007 took cognizance of offence under Section only 354 of IPC and issued summons to accused, (petitioner here in this revision) to face trial.

(3.) THE complainant being aggrieved by the aforesaid order, as petitioner was not summoned under Section 376 of the IPC and SC & ST Act, filed a revision application before the learned Sessions Judge bearing Cr. Rev. No. 33 of 2007. The learned revisional Court vide order dated 13.6.2007 remanded the matter for reconsideration on the point of cognizance. The accused being aggrieved by the revisional order, as it argued taking of cognizance under major offences, it was now his turn to move the higher Courts and hence this quashing application.