DEONARAIN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The Sessions Judge of Patna has referred the case of Deonarain Singh and five others who are on their trial before Maulvi S.A. Ashraf, Deputy Magistrate of Patna, with the recommendation that the order of the Subdivisional Magistrate dated 3 October last, calling for a supplementary charge-sheet against these six persons and one other be set aside as being without jurisdiction.

(2.) The police submitted a charge-sheet in which they mentioned twenty-two persons. Of these nine were sent up on bail and of the other thirteen noted as "accused persons not sent up for trial" six were shown as absconders. When the charge-sheet was placed before the Subdivisional Magistrate on 19 September he passed the order: Charge-sheet received against nine accused. To Maulvi S.A. Ashraf, Deputy Magistrate, for disposal.

(3.) Technically he was probably in error in saying that the charge-sheet had only been received against nine persons. The case came on for hearing before the Deputy Magistrate on 27 September. Apparently five of the persons described as absconders then appeared before him and the trial was taken up against fourteen persons in all without any comment by the Court, the Crown or the parties.