BIRU TELI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' against the order dated 31-1-2001 passed by Sri S. N. Singh, Judicial Magistrate at Dhanbad in Sessions Trial Case No. 55 of 2001 arising out of Topchanchi (Hariharpur) P. S. Case No. 102 of 2000 corresponding to G. R. Case No. 2169 of 2000 whereby and whereunder the learned Magistrate rejected the application filed by the petitioner for adding Rameshwar Sao as an accused in the aforesaid case which was registered under Sections 302, 201 and 34 of the Indian Penal Code.

(2.) The first information report was lodged alleging therein that the son of the informant aged about fifteen years had gone out of the house and till late night he did not return. Thereafter the inquiry was made from his wife regarding the whereabout of his son Vijay and then he came to know that the deceased used to speak of going away Bombay and as such having companionship of someone had gone away to Bombay. As such the informant went to sleep. He could not report the matter to the police because he was searching his son. On 28-7-2001 one Dudhia Devi came shouting that the dead body of Vijay was lying behind her house. Thereafter the informant and other family members rushed to the spot and saw the dead body of the deceased lying there. Accordingly, first information report was lodged against unknown. The police investigating into the case and after investigation submitted charge-sheet.

(3.) Accordingly, the Chief Judicial Magistrate after perusing the case diary took cognizance of the offences under Sections 302/201 of the Indian Penal Code against the accused persons. Thereafter the case was transferred to the Court of this Magistrate for commitment where a petition was filed on behalf of the informant for adding Rameshwar Sao as an accused and after hearing both the parties, the learned Court below passed the order impugned.