LADHU LAKRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the applications (Cr. Misc. No. 10675 of 1998 and Cr. Misc. No. 851 of 2000) have arisen out of the same case and are being disposed of by common order.

(2.) CR . Misc. No. 10675 of 1998(R) has been filed for quashing the order dated 21.11.1998 passed in Sessions Trial No. 240 of 1995 whereby and where under the learned VIIIth Additional Judicial Commissioner, Ranchi passed order for framing the charge and also framed charge against the petitioner and other accused persons under Sections 302/149/148/307, Indian Penal Code and 27 of the Arms Act, whereas Cr. Misc. No. 851 of 2000(R) has been filed for quashing the orders dated 5.1.2000 and 2.7.1997 passed in Sessions Trial No. 240 of 1995 whereby and where the petitioner was summoned under Sec.319, Cr PC to face trial and by order dated 5.1.2000 prayer to revoke the order dated 2.7.1997 was dismissed and prayer for anticipatory bail moved on behalf of the petitioner was directed to be filed before the learned Judicial Commissioner, Ranchi.

(3.) MUKESH Kumar, petitioner of Cr. Misc. No. 851 of 2000 (R) has challenged the order dated 2.7.1997 before the Court vide Cr. Misc. No. 5072 of 1997 (R) but this Court vide order dated 20.8.1997 dismissed the petition filed by the petitioners of both the cases. On 10.11.1998 hearing on charge was fixed but hearing on charge was made on 21.11.1998 and prayer for discharge was rejected and charges were framed under Sections 302/149/148/307 of the Indian Penal Code and Sec.27 of the Arms Act against the accused persons including this petitioner.