KRISHNA KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application is directed against the order dated 6.8.2003 passed by Sessions Judge, Dhanbad in Criminal Revision No. 78 of 2003 whereby he has set aside the order dated 6.1.2003 passed by the Judicial Magistrate. Ist class, Dhanbad by reason of which all the petitioners were discharged from the offence levelled against them under Sections 406/408/420/120B of the IPC.

(2.) THE facts of the case lie in a narrow compass.

(3.) MR . Rajesh Shankar, learned counsel for the petitioners assailed the impugned order of the Sessions Judge mainly on the ground that the revision application before the Sessions Judge was itself not entertainable in as much as the said revision application was filed by Additional Public Prosecutor and not by the State. Learned counsel drawn my attention to the copy of the revision application which has been annexed as Annexure -7 to the instant application to show that revision application was filed through the Addl. Public Prosecutor and the affidavit portion was also signed by him. Learned counsel then submitted that the Magistrate rightly discharged the petitioners from the case on the basis of finding that allegation made against the accused persons were not proved.