MOHD MAUSAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order, dated 22.3.1999 passed by the 7th Additional Sessions Judge, Munger by reason of which on the prayer made by the prosecution non-bailable warrant of arrest has been issued against the petitioner for his appearance to face the trial.

(2.) The facts of the case lie in a narrow compass. The petitioner along with other co-accused was named in the First Information Report for the offence under Sections 341, 342, 326, 307/34 of the Indian Penal Code and 27 of the Arms Act. This First Information Report gave rise to Muffassil PS Case No. 338 of 1996, dated 19.11.1996.

(3.) The police after investigation charge-sheeted other co-accused but, submitted final form against the petitioner finding the case false against him. The Magistrate took cognizance on 21.4.1998 and issued process against other co-accused but, discharged the petitioner from the instant case. The case was committed to the Court of Session on 24.11.1998. The informant, through the APP, filed a petition before the Court for issuance of summons against the petitioner. The said prayer was rejected vide order, dated 29.1.1999. Subsequently, charge was framed and during the trial PW 1, Md. Yasim was examined, who had stated about the complicity of the petitioner. At this stage, a petition was filed by the prosecution under Section 319 of the Code praying therein, to summon the petitioner to appear and face the trial. By the impugned order, the prayer was allowed.