(1.) Both these applications arise out of the same impugned order and as such, they are taken up together and disposed of by this common order. Heard Learned Counsel for the petitioners and learned A.P.P. for the State, as also Learned Counsel for the informant.
(2.) The petitioners are aggrieved by the order dated 26.06.2012 passed by Smt. Seema Sinha, learned Additional Judicial Commissioner-III, Ranchi in S.T. No. 189 of 2012, whereby the application filed by the petitioners under Section 227 of the Cr.P.C. for discharge has been rejected by the Court below.
(3.) The petitioners have been made accused in Narkopi P.S. Case No. 1 of 2011 corresponding to G.R. No. 25 of 2011 for the offence under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act, wherein, there is allegation against petitioners Sanjay Singh, Dubble Singh, Dhirendra Singh, Alok Kumar Singh @ Munna Singh, Siyaber Singh and Mohan Singh that they came on motorcycles and committed murder of the son of the informant by firearms. Petitioner Hira Thakur has not been named in the F.I.R., but his implication has come during investigation of the case. The case was investigated by the police and it appears that the police has submitted charge sheet against these petitioners for the offence under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act and cognizance was taken accordingly. The case was committed to the Court of Session, where the petitioners filed application for discharge, which was rejected by the Court below by the impugned order dated 26.6.2012 holding that the materials available in the case diary make out prime facie case against these petitioners for the offence, as alleged. The case was accordingly, fixed for framing of charge.