ABDUL LATIF AND ORS Vs. STATE AND ANR

JUDGEMENT

(1.) In this petition, the petitioners seeks quashment of order dated 11th July, 2009 passed by the learned Sessions Judge, Samba, by which the petitioners have been charge-sheeted under Sections 121, 121-A, 122, and 120-B RPC and 3/25 Arms Act. The petitioners also seek quashment of Final Report/Charge Sheet bearing No. 33/2008 filed by the respondents in the Court of learned Sessions Judge, Samba.

(2.) The facts giving rise to the filing of the petition briefly stated are that the petitioners have been involved in FIR No. 41/2008 by Police Station, Ramgarh registered under Sections 120, 120-B, 121 RPC and 3/25 Arms Act. After registration of the aforesaid case, the respondents submitted the Charge- Sheet (Annexure-A) in the Court of learned Sessions Judge, Samba under the aforesaid Sections/offences.

(3.) The learned Sessions Judge, Samba vide judgment (Annexure-B) dated 11th July, 2009 has charge-sheeted the petitioners under Sections 121, 121-A, 122 and 120-B and 3/25 Arms Act. No Complaint was made by the District Magistrate, as required under Section 196 of the Cr. P.C. However, alongwith Challan, a copy styled as Order No. DMS/JC/797 dated 12th August, 2008 has been placed on record, which has been issued by the District Magistrate, Samba. The District Magistrate, Samba also stated to have requested that the police charge-sheet be treated as Complaint against the alleged accused. The Challan has been prepared on 12th August, 2008 itself when the said Communication/Order has been issued by the District Magistrate, Samba. The learned Sessions Judge in the order impugned has held that there was the substantial compliance of the provision of Section 196 of the Cr. P.C. The judgment dated 11th July, 2009 passed by the learned Sessions Judge, Samba is, therefore challenged on the following grounds:-