RAM CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BEING aggrieved by the order dated 2.9.1998 passed by the learned Addl. Chief Judicial Magistrate, Bagaha, the petitioner has moved this Court in this quashing application.

(2.) THE facts of the case are that on First Information Report being filed a case under Sections 341, 323 read with Section 34 of the Indian Penal Code was initially registered. The Court received First Information Report on 16.6.1992 and the Investigating Officer of the case made a prayer for inserting Sections 307 and 325 of the Indian Penal Code in the case and the said prayer was allowed. After investigation the Investigation Officer found, prima facie, a case under Sections 341 and 307/34 of the Penal Code against the accused -persons and, as such, in Column 7 of the charge -sheet inserted those sections. However, in second paragraph of the charge -sheet instead of aforesaid five sections of the Penal Code only three Sections, namely 341, 323 and 34 were noted. Thus, cognizance was taken only under Sections 341, 323 and 34 of the Penal Cod on 18.12.1992 and the case was transferred to the Court of the Judicial Magistrate for trial.

(3.) LATER on the case was transferred to the Judicial Magistrate, 1st Class where substance of accusation was explained on 6.9.1997 and prosecution witnesses 1, 2 and 3 were examined and cross -examined. The witnesses were discharged and the case of the prosecution was closed. On 28.8.1998 the statement of the accused -persons was recorded under Section 313. of the Code of Criminal Procedure.