INDIAN BANK Vs. STATE

JUDGEMENT

(1.) Vide order dated 9/02/2000, the learned 2nd Asstt. Sessions Judge, Jamshedpur, discharged the opp. party No. 2, Jai Prakash Singh, on the ground that sufficient material did not exist for proceeding against him in the trial, being session Trial No. 201/1999. The respondent No. 2. J.P. Singh, along with other accused persons were facing trial in the aforesaid sessions trial case for the offences under S. 406, 420, 467, 468, 471, 436 read with S. 120B and 34 I.P.C. During the course of trial, the opp. party No.2 presented a petition in the trial Court for his discharge and it is on this application of opp. party No.2 that the learned trial Court, by a detailed speaking order and on consideration of the material available, discharged the opp. party No.2 holding that "there was no sufficient ground for proceeding" against him. Against the aforesaid order, the petitioner filed the present revision application in this Court which, even though earlier was entertained and notice issued to the opp. party No.2, was subsequently dismissed, vide order dated 12/01/2001.

(2.) Feeling aggrieved, the petitioner filed a Special Leave Petition in the Supreme Court. Vide judgment dated 1 9/10/2001, their Lordship of the Supreme Court, while setting aside the aforesaid order dated 1 2/01/2001 passed by this Court, directed that the High Court will dispose of the revision application afresh.

(3.) Hear the learned counsel for the parties.