WASIM RAJA KHAN @ CAPTAIN SON OF ALI HASAN KHAN AND MD SHAMSUL HODA SON OF BAHAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by the two petitioners, who though named in the F.I.R. but were not sent up for trial, have prayed for the quashing of the order dated 6.11.2006 passed by the learned Presiding Judge, Fast Track Court No. V, Kishanganj, in Sessions Trial No. 319 of 2005, arising out of Kishanganj P.S. Case No. 123 of 2004, whereby they have been summoned under Section 319 Cr.P.C. to face the trial along with the other accused as additional accused.

(2.) The admitted position of the case is that both the petitioners along with others were named in the F.I.R. lodged on 10.7.2004 on which date the occurrence is said to have taken place. On the basis of the F.I.R. Kishanganj P.S. Case No. 123 of 2004 was registered against the six F.I.R. named accused under Sections 307, 379 and other allied Sections of the Penal Code. The police after due investigation submitted a chargesheet only against Md. Salehin and Md. Jainul Abedin and the two petitioners were not sent up for trial for want of sufficient materials, even as the investigation remained pending against Lal Babu and Manzoor.

(3.) By order dated 30.9.2004 the Chief Judicial Magistrate took cognizance against Md. Salehin and Md. Jainul Abedin and accepted the final form against the petitioners and exonerated them.