KUNDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for setting aside the charge-sheet no. 46 of 2019 dated 09.03.2019 submitted in Jandaha P.S. Case No. 202 of 2018 by which the petitioner has been sent up for trial as the case was found true against him under Sections 302, 120-B, 506 read with 34 of the Indian Penal Code and 27 of the Arms Act.

(3.) Mr. Amresh Kumar Sinha, learned advocate appearing for the petitioner submitted that in the first information report instituted on the basis of the written report of one Om Prakash Sahni, altogether 10 persons were made named accused including the petitioner Kundan Kumar along with Randhir Kumar, Ranjeet Kumar and Umesh Singh Kushwaha. He contended that in course of investigation though the police have found materials against the petitioner, Randhir Kumar, Ranjeet Kumar and Umesh Singh Kushwaha, the investigating officer submitted charge-sheet only against the petitioner vide chargesheet no. 46 of 2019. He has exonerated the other accused, namely, Randhir Kumar, Ranjeet Kumar and Umesh Singh Kushwaha while submitting report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C').