DHORA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application at the instance of the informant under Section 482 of the Code of Criminal Procedure, 1973, under the inherent powers of this Court, is directed against the order, dated 24.3.1995 passed by Shri Chiranji Singh, learned Sessions Judge, Bettiah, in State of Bihar V/s. Shreekant Mahto, Sessions Trial No. 77/1994, whereby he has rejected the application of the petitioner under Section 319 and/or cognate provisions of the Indian Penal Code, and has directed the petitioner (informant) to agitate the issue raised in the aforesaid application before the Chief Judicial Magistrate.

(2.) According to the allegations in the First Information Report (FIR), dated 5.11.1993, lodged with the officer-in-charge, Shikarpur Police Station, that the accused-persons named therein had trespassed into his house on 2.11.1993, had deprived his daughter, Smt. Shobha Devi, of her ornaments and a sum of Rs. 1,000/-. Thereafter, she was forcibly taken away. On these allegations, Narkatiaganj PS Case No. 230 of 1993, dated 2.11.1993, was registered under Sections 363 and 366-A, IPC. A copy of the FIR is marked Annexure 1 to this application.

(3.) The police conducted investigation into the allegations and submitted its charge-sheet, dated 22.3.1994, whereby only accused Shreekant Mahto was recommended for trial. The charge-sheet was accepted, cognizance of the alleged offences was taken, and Shreekant Mahto (opposite-party No. 2 herein), was committed to the Court of Sessions for trial. The trial has commenced and nine witnesses have been examined.