RAM NARESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition (cr.) has been filed with a prayer to quash the order dated 18.02.2002 passed by the learned Sessions Judge, Palamau at Daltonganj in Criminal Revision No. 53 of 2001 by which the learned Sessions Judge has set aside the order dated 22.05.1999 by which the final form submitted by the police was accepted and the C.J.M. was directed to pass a fresh order after perusing the case diary and after hearing the informant. Further prayer has been made to quash the order dated 29.08.2002 by which the learned C.J.M. (Incharge), Palamau at Daltonganj has taken cognizance against the petitioner and directed him to face trial for the offences punishable under Section 413 & 414 of the Indian Penal Code and this order was passed by the C.J.M. (Incharge) after the matter was remanded back with a direction to pass appropriate order. Prayer has also been made to quash the order dated 10.09.2002 passed by the learned Sessions Judge, Palamau at Daltonganj in connection with Criminal Revision No. 68/2002 by which the learned Sessions Judge has rejected the prayer of the petitioner for setting aside the order of cognizance dated 29.08.2002 passed by the learned C.J.M. (Incharge), Palamau at Daltonganj.

(2.) FACTS behind filing of this writ application are that one Arun Kumar Mishra has lodged information with Bishrampur Police Station within the District of Palamau that five idols have been stolen by unknown persons from Thakurbari. On the basis of information so lodged, Bishrampur P.S. Case No. 20/1996 dated 25.02.1996 under Sections 457/380 I.P.C. against unknown was registered and investigation was carried out. In absence of definite clue, final report was submitted on 4.1.1997 and it was accordingly accepted by the then learned Magistrate. After about one week one Raghu Thakur was arrested on 12.01.1997 and he gave his extra judicial confession before the villagers. On the basis of that confession, other accused, namely, Alakh Singh, Dwarika Saw and Vijay Kumar Soni were apprehended. In the confessional statement, name of the writ petitioner was also transpired but he could not be apprehended. On 12.3.1997 the police submitted supplementary final form against the aforesaid four persons namely, Raghu Thakur, Alakh Singh, Dwarika Saw and Vijay Kumar Soni under Sections 457/380/411/414 of the Indian Penal Code, keeping the investigation open against the writ petitioner. Those four persons were put on trial and they were accordingly convicted. During pendency of that trial, an application under Section 319 of the Cr.P.C. was also filed to summon the writ petitioner but it was then refused.

(3.) THE parties were heard at length on the issue involved and the points framed by Hon'ble Supreme Court.