SHIV SARAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by one of the FIR named accused of Sessions Trial No. 102 of 2000 arising out of Sonbarsa P.S. Case No. 46 of 1997 against whom no charge -sheet was submitted for ten years even as the Sessions as against the others was proceeding, is for the quashing of the order dated 21.11.2006 passed in the said Sessions Trial by the learned Presiding Judge, Fast Track Court No. IV, Sitamarhi, whereby he has summoned the petitioner and face the trial alongwith that other already facing the trial under the provisions of Section 319, Cr PC.

(2.) IT appears that the aforesaid Sonbarsa P.S. Case was registered under Sections 302, 201, 420, 467, 468, 471 and 120 -B, IPC against the four FIR named accused including the petitioner on the basis of a written report dated 4.8.1997 submitted by one Dasrath Pandit, impleaded herein as O. P. No. 2, which was in respect of an occurrence which purportedly took place on 29.7.1997. It appears that police after due investigation submitted a charge -sheet only against accused Brij Kishore Sah showing investigation pending against others named in the FIR and even after a lapse of 10 years no charge -sheet appears to have been submitted against the petitioner. The accused against whom charge -sheet had been submitted was put on trial wherein the witnesses named the petitioner as having participated in the occurrence and on the basis thereof a petition under Section 319, Cr PC was filed by the prosecution to summon this petitioner and two others to face the trial which was allowed by the impugned order.

(3.) THE improbability and impossibilities of the prosecution story as sought to be propounded by the learned counsel for the petitioner unfortunately is his defence and the veracity or otherwise thereof cannot be tested at this stage.