KAMLESH YADAV @ DOMA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties. Both Cr.Rev. No. 147-09 and No.477/09 are taken up together, as in both the cases the petitioner and the opposite party are the same and they arise out of the same P.S. case, namely, Hisua P.S. Case No.116 of 2006, dated 14.12.06 under sections 147, 148, 149, 323, 324, 307 and 379 of the Indian Penal Code and section 27 of the Arms Act to which section 302 of the Indian Penal Code was added later on.

(2.) The main issue in this case is as to whether Magistrate after submission of the chargesheet and cognizance, is competent to make an enquiry with respect to identity of an accused.

(3.) Before I deal with the issue, the facts are being noticed in brief. The informant, Kamlesh Yadav @ Doma Yadav, lodged an F.I.R. bearing Hisua P.S. Case No.116/06, under section 302 and other allied sections of the Indian Penal Code In the aforesaid F.I.R., eleven persons have been named including one Uma Yadav and Dinesh Yadav both sons of Bacchu Yadav. The police after investigation submitted charge sheet against all the accused persons including Uma Yadav and Dinesh Yadav. Learned C.J.M., Nawadah, vide his order dated 22.6.07 took cognizance of offence and transferred the case to the court of S.D.J.M., Nawadah, for trial. The learned Chief Judicial Magistrate at the time of taking cognizance observed that there was sufficient material for proceeding against Uma Yadav and Dinesh Yadav, both sons of Bacchu Yadav.