BIGAN MIAN @ SIRAJ MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application is directed against the order dated 06.05.2008 passed in Balumath P.S. case No. 84 of 2006 (G.R. No. 543A of 2006) whereby and whereunder cognizance of the offence punishable under Sections 147, 148, 149, 447, 341, 323, 325, 307 of the Indian Penal Code has been taken against the petitioner which order was affirmed by the learned Sessions Judge, vide its order dated 21.8.2008 passed in Cr. Rev. No. 9 of 2008. It appears that a case was lodged for commission of offence of murder of one Gajala Parveen against six accused persons including the petitioner.

(2.) The matter was taken up for investigation. The police after making investigation submitted charge sheet against five accused persons but not against this petitioner. However, the investigation was kept open against this petitioner. Upon submission of the charge sheet, cognizance of the offence was taken against them and the matter was committed to the court of sessions. Subsequently, final form was submitted against this petitioner whereby this petitioner was exonerated from accusation but the Magistrate differing with the finding of the police took cognizance of the offence as aforesaid against this petitioner, vide order dated 06.05.2008.

(3.) Being aggrieved with that order, a revision application was filed which was dismissed. Those orders have been challenged before this Court.