SATISH RAKESH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 27.6,1998 passed by the learned Chief Judicial Magistrate, Dumka in connection with Jarmundi PS. Case No. 45 of 1997 corresponding to G.R Case No. 284 of 1997 for the offence under Section 302/34 IPC as against the petitioner, whereby and whereunder the learned Court below took cognizance.

(2.) AT the very outset, the learned counsel appearing for the petitioner submitted that the petitioner has not been sent up for trial as no case was made out against the petitioner, which has duly been mentioned in the chargesheet and the name of the petitioner was shown in column no, 2, but without giving any opportunity to the petitioner or without having any protest petition, the Court below took cognizance for the offence as against the petitioner also, which is illegal and the petitioner has not been sent up for trial by the Investigating Officer finding no case made out against him. At least, he should have been noticed or he should have been heard before taking cognizance for the offence against him but that opportunity could not be given to the petitioner. It is also submitted that though a revision was filed before the Sessions Judge by the petitioner which was dismissed for non -prosecution.

(3.) FOR the reasons aforementioned, the order impugned is not sustainable, Hence, the order dated 27.6.1998, as against the petitioner only, is hereby quashed. However, it is made clear that if an accused is not sent up by the police for trial, such person does not amount to discharge in the eye of law. He can be summoned to face trial if his involvement/indulgence comes during trial by the witnesses as laid down under Section 319. Cr PC.