KAMESHAR KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by the 10 petitioners who are arrayed as accused in Protest - cum -Complaint Case No. CR 1043 of 2002 have prayed for the quashing of the order dated 19.4.2005 passed in Criminal Revision No. 779 of 2003 by the learned First Additional Sessions Judge, Madhubani, wherein it has been observed that a prima facie case is made out under Sections 147, 323, 379 and 506 I.P.C. against the petitioners/accused persons and, therefore, in the light of the aforesaid order of the learned First Additional Sessions Judge, Madhubani, the complainant is directed to furnish requisites so as to issue summons against the accused persons as also the order dated 23.4.2007 passed in Criminal Revision No. 1474 of 2005 by the learned Sessions Judge, Madhubani, whereunder he dismissed the revision application preferred against the order dated 22.8.2005 by the petitioners.

(2.) THE instant case has a chequered history which may be narrated briefly. It appears that one Panchu Ram, impleaded herein as O.P. No. 2 filed Complaint Petition No. 969 of 2001 arraying the petitioners as accused which on being sent to the concerned police station under Section 156(3) Cr.P.C. was registered as Rajnagar P.S. Case. No. 171 of 2001 under Sections 147, 323, 379 and 506. I.P.C. The police after due investigation submitted final form finding the accusations to be incorrect. It further appears that the protest petition which had been filed by the complainant during the pendency of the investigation was taken up as a complaint pase bearing CR No. 1043 of 2002 after accepting the final form and having held an inquiry under Section 202 Cr.P.C. the learned Chief Judicial Magistrate dismissed the said complaint under Section 203 Cr.P.C. The complainant preferred Criminal Revision No. 779 of 2003 before the Sessions Court and the same was disposed of by the learned First Additional Sessions Judge vide order dated 19.4.2005 whereby while allowing the revision he "remanded back the case to the learned Chief Judicial Magistrate or his successor in office for re -inquiry and for passing necessary orders according to law". It further appears that the learned Chief Judicial Magistrate, Madhubani, after remand of the case vide order dated 22.8.2005 observed as follows: - "From perusal of the order dated 19.4.2005 passed by the learned 1st Addl. Sessions Judge, Madhubani in Cr. Rev. No. 779/03, it appears that it has been observed therein that prima facie case is made out u/ss. 147, 323, 379, 506 I.P.C. against the accused persons. Therefore, in the light of the aforesaid order of the learned 1st Addl. Sessions Judge, Madhubani, the complainant is directed to furnish requisites so as to issue summon against the accused persons accordingly fixing 23.9.2005 for their appearance."

(3.) AGGRIEVED by the aforesaid order, the petitioners again moved the Sessions Court in Criminal Revision No. 1474 of 2005 which was dismissed by the impugned order dated 23.4.2007.