DHARMENDRA PATHAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the Learned Counsel for the petitioner and the Learned Counsel for the State.

(2.) Petitioner has filed this revision application against the order dated 30.05.2009 passed by the Additional Judicial Commissioner, Fast Track Court VI, Ranchi in S.T. No. 298 of 2008 whereby the petitioner's application for discharge for the offences under Section 364(A) of the Indian Penal Code has been rejected.

(3.) The Learned Counsel for the petitioner submits that after the examination of four prosecution witnesses, the prosecution has filed a petition before the trial court of Judicial Magistrate mentioning therein that there is sufficient evidence on record to make out an offence under Section 364(A) of the Indian Penal Code which is exclusively triable by the court of sessions and prayed for that the trial court should exercise his power under Section 323 of Cr.P.C. and commit the case to the court of sessions. The trial court after hearing the said petition rejected the same by its order dated 21.6.2006. The prosecution had challenged the said order in Criminal Revision No. 167 of 2008 which was allowed by the Judgment dated 22.5.2007 directing the Judicial Magistrate to pass an order fresh. The trial court after reconsideration passed a fresh order and opined that there are sufficient materials available on record to make out an offence under Section 364(A) of I.P.C. and he committed to the case to the court of Sessions under Section 323 Cr.P.C. by its order dated 12.6.2008. Petitioner has challenged the aforesaid order before this High Court in Cr. Revision No. 688 of 2008. The Hon'ble Court after hearing the parties by its order dated 09.02.2009 observed: