PRAMOD BEHL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been preferred by the petitioner to quash the order dated 13th August, 2003, passed by the learned Chief Judicial Magistrate, Ranchi, in Lower Bazar PS Case No. 99 of 2001, corresponding to GR No. 2721 of 2001, whereby the learned Chief Judicial Magistrate,. Ranchi after submission of final report, was pleased to order for issuance of notices to the accused persons to appear before the Court and to show cause as to why they be not summoned for facing trial. The Court below further directed the informant (petitioner) to file requisites for notices to the accused persons.

(2.) THE questions arise for consideration in the present case are :

(3.) ON the basis of the aforesaid written report, First Information Report was drawn -up and Lower Bazar PS Case No. 99 of 2001 was registered for the offences under Sections 461 and 379 of the Indian Penal Code. The police after investigation, submitted Final Report No. 71/02 on 15th December, 2002, seeking to exonerate the accused persons. The petitioner, thereafter, filed a detailed application in the Court of learned Chief Judicial Magistrate, stating in detail about the materials, which have come against the accused persons, justifying the allegation for taking cognizance against the accused persons of the offences under Sections 461, 379, 448 and 452 read with Sections 34 and 120 -B of the Indian Penal Code and 27 of the Arms Act. Thereafter, the learned Chief Judicial Magistrate passed the impugned order dated 13th August, 2003 and ordered for issuance of notices to the accused persons, asking them to show cause as to why they be not summoned for facing trial.