RAJ KISHOR BHAGAT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 13.9.2012 passed by Sri V.K. Tiwari, learned Judicial Magistrate, Jamtara, in G.R. No. 725 of 2007, whereby the application filed by the petitioner for discharge has been rejected by the Court below.

(2.) After investigation the police has submitted the charge-sheet against the petitioner and the other co-accused persons also, finding their involvement in the whole episode. The petitioner thereafter filed his application for discharge, which was rejected by the Court below by the impugned order dated 13.9,2012. The Court below has held that during investigation it was found that Rabindra Singh had taken the benefit of B.P.L. category in the name of Rabin Singh, who was quite a different person and the petitioner was also instrumental in getting the application of the said co-accused forwarded for the said benefit. Taking into consideration the materials collected during investigation against the petitioner, the Court below has rejected the application filed by the petitioner for discharge.

(3.) Learned counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, inasmuch as, the case was not filed initially against the petitioner and the matter was also inquired by the S.D.O., Jamtara, who had found that one Jan Sevak, Indu Shekhar Poddar had helped the wrong person in getting the benefit of the B.P.L. category. Learned counsel has accordingly, submitted that in the inquiry made by the S.D.O., Jamtara, the petitioner was not found to be involved, and accordingly, the petitioner ought to have been discharged by the Court below.