KAPIL DEO SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners as also learned counsel for the State. No one has appeared for the opposite party No.2 in spite of service of notice.

(2.) THE petitioners are aggrieved by order dated 13.11.2003 passed by the learned 5th A.J.C.-cum-F.T.C., Ranchi, in S.T. No. 406 of 1997, whereby, the application filed by the petitioners under Section 227 of the Cr.P.C., has been rejected by the Court below, holding that there are sufficient materials against the petitioners in the case diary for proceeding against them and for framing of charge under Sections 498A, 304-B and 120-B of the I.P.C.

(3.) LEARNED counsel for the petitioners has submitted that a piquent situation has arisen, inasmuch as, the petitioners who were unfortunately arrested by the police and the interim charge-sheet was submitted against them, only in order to deprive the petitioners the benefit of Section 167(2) of the Cr.P.C., the petitioners are compelled to face the trial, whereas no action has been taken against the other co-accused persons, in whose favour, ultimately the final form was submitted and accepted by the learned Court below. LEARNED counsel, accordingly, submitted that the impugned order cannot be sustained in the eyes of law.