UMA SHANKER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) POWER of the High Court under Section 482 of the Code of Criminal Procedure has been invoked for quashing the order dated 9.3.2007 passed by the 1st Additional Sessions Judge, Siwan in Sessions Trial No. 281 of 2006, which has arisen out of Maharajganj P.S. Case No. 14/2000. By the impugned order the prayer made for discharge of the petitioner under Section 227 of the Code of Criminal Procedure stands rejected and a date was fixed for framing of charge against him.

(2.) THE origin of the present criminal proceeding was lodging of an FIR by the informant on 17.2.2000, which is Maharajganj P.S. Case No. 14/2000. The allegation is that on 17.2.2000, the election for the Bihar Assembly was going on. Informant 'sbrother, namely, Damodar Singh, was contesting the assembly election as an independent candidate On the date of the incident his brother, namely, Bharat Singh (deceased) was sitting in the election office when he received information about some bogus voting at a particular booth, sub -sequently, he heard a bomb explosion at about 11.30 and he decided to proceed to the place. The informant reached the place on a Jeep and his brother, Bharat Singh, followed him on a motorcycle. Thereafter it is alleged that some boy had sustained bomb injury and had been rushed to Maharajgang State Hospital they decided to visit the hospital, gave Rs. 500/ - for treatment to the boy and when they were leaving the premises, petitioner, Uma Shankar Singh, who was a candidate of Samta Party in the assembly election, his son Jitendra Swami accompanied with some, unknown persons arrived at the place variously armed. On the order of Uma Shankar Singh Jitendra Swami pulled down Bharat Singh (deceased) from the motorcycle, pushed him into a car and drove him away to an unknown destination. Initially the FIR in question was lodged under Sections 364/34 of the Indian Penal Code but since body of Bharat Singh was found soon thereafter the police also instituted case under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act. The matter, it seems raised a lot of heat and dust. After certain amount of pulling strings here and there, matter which was initially investigated by the police was later transferred to the CID. The informant, Vijay Singh, getting unnerved by the decision of the State Government decided to challenge the said decision of handing over the investigation to the CID by filing a Criminal Writ bearing Cr. W.J.C. No. 288/2000. The matter came to be heard and disposed of vide order dated 9.4.2001, which is quoted herein below : -

(3.) BY virtue of the High Court 'sorder investigation continued both the CID and the police and they decided to file a final form against the petitioner though some other accused were charge - sheeted. The Court is not surprised for above development looking at the high profile status of the petitioner and the background under which the High Court came to pass the order in the criminal writ. Be that as it may the learned Chief Judicial Magistrate after examining the material in the case diary differing with the final report submitted by the police took cognizance against the petitioner, his son, Jitendra Swami and some other accused persons.