SANJAY PANDEY AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners by filing this revision application has questioned the legality of the order dated 25.06.2014 passed by the Judicial Magistrate, 1st Class, Koderma in G.R. Case No. 309 of 2012 arising out of Jainagar P.S. Case No. 54 of 2012 whereby and whereunder the petition filed by the petitioners for their discharge under Sec. 239 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.

(2.) It is necessary to give brief background of the case:-

(3.) After investigation, the police submitted the charge sheet under Sections 467, 468, 471, 420 and 120-B of I.P.C. against the petitioners whereafter the learned Judicial Magistrate took cognisance of the offence. At the stage of framing charge, the petitioners filed the petition for their discharge as indicated above and the court below after providing opportunity to both the parties, rejected their prayer holding that from perusal of case diary at para-9, 10, 11, 12 and 17 and also the report of the C.O. at paragraph-26 of the case diary, it appears that there is sufficient material available on record against the accused persons for further proceedings and framing charge.