URMILA SARKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner Smt. Urmila Sarkar for quashing the order dated 7th February, 2004, passed by the learned Sessions Judge. Jamtara, in Cr. Revision No. 5 of 2004. whereby and where under. the learned Court below has dismissed the revision application, preferred by the petitioner against the order dated 5th January, 2004, passed by the learned Judicial Magistrate. 1st Class, Jamtara, in Tr. No. 152 of 2004. arising out of P.C.R. Case No. 298 of 1995. By the aforesaid order dated 5th January, 2004 the learned Judicial Magistrate, 1 st Class, Jamtara, has rejected the application, preferred by the petitioner under Section 323 of the Code of Criminal Procedure to commit the case to the Court of Sessions.

(2.) According to the petitioner, she is complainant in P.C.R. Case No. 298 of 1995, which was filed against opposite party Nos. 2 to 6. Her case is that on 13th September, 1995 at about 4.00 p.m. she was initially discharged from Dr. Sahu's Nursing Home. During the said period she was not working and one Dr. Saltilal Das used to work in the said Nursing Home. She (complainant) was subsequently re-employed and on such re- employment, the accused persons, stated to be closely related to Dr. Saltilal Das, became very much annoyed and angry and due to such annoyance, they assaulted and abused her and also gave threats, asking her to leave the services. But in spite of the aforesaid threat and torture, she (complainant) continued to cany on her services. It was further alleged that on the date of the occurrence i.e. 13th September, 1995 while the complainant was performing her duties, at about 4.00 p.m. the accused persons trespassed into the area of the Nursing Home, assaulted her and molested her, due to which the complainant had to lodge the complaint petition on 21st September, 1995, wherein, the learned Court below has taken cognizance against the accused persons for the offences under Sections 147/323/354/ 452 of the Indian Penal Code. Further, according to the complainant (petitioner herein) on the same date i.e. 13th September, 1995 one of the accused, namely, Gabriel Das, had lodged one First Information Report, alleging therein, that on 13th September, 1995 at about 4.00 p.m. at Sub Divisional Hospital, Jamtara, while an altercation was going on in between some female members, in the meantime, Prabir Mousi, Ashim Sarkar alias Dablu, Peter Murmu, Samir Murmu, Asit Murmu, Malay Murmu with other accused persons, forming an unlawful assembly, came there and Prabir Mousi inflicted axe blow on the head of Sushanta Das, as a result of which Sushanta Das became unconscious, sustaining injuries, and later on died. In the said F.I.R. it was also alleged that other witnesses were also assaulted with sticks and rods and when Belu Das went to rescue her husband, she was assaulted by Sabir Murmu alias Khokan with rod on her head and she also sustained bleeding injuries. On hearing Hulla, the villagers and Riksha poolers came there and saved them. On such Fard-beyan, an F.I.R. was drawn up and the case was registered as Jamtara P.S. Case No. 166 of 1995, corresponding to G.R. No. 478 of 1995, against the aforesaid accused persons for the offences under Sections 147/ 148/307/302 of the Indian Penal Code.

(3.) According to the petitioner, if the complaint petition, filed by her, and the F.I.R., lodged by accused/opposite party No. 2 are read together, it will be evident that the date and time of occurrence in both the cases, including the place of occurrence, are same. Both the cases having arisen out of the same occurrence, the complaint case should also have been committed to the Court of Sessions for being tried together.