PRAKASH PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 with the prayer to quash the order dtd. 7/2/2025 passed by the learned Sessions Judge, Giridih in Criminal Revision No.146 of 2022 in connection with G.R. No.1281 of 2020 arising out of Bagodar P.S. Case No.91 of 2020 whereby and where under the learned Sessions Judge, Giridih allowed the criminal revision and remanded the case to the court of learned Judicial Magistrate-1st Class, Giridih with a direction to pass a fresh order in accordance with law after observing that there is sufficient material available in the record to attract Sec. 307 of the Indian Penal Code along with other Ss. for which charge-sheet has been submitted by the police after investigation of the case.

(2.) The brief fact of the case is that the petitioners are accused persons of Bagodar P.S. Case No.91 of 2020 in which after investigation of the case, police submitted charge-sheet mentioning that the offences punishable under Sec. 341, 323, 325, 504, 34 of the Indian Penal Code are made out against the petitioners and on the basis of the same, the learned Judicial Magistrate-1st

(3.) Being aggrieved by the same, the informant of the said Bagodar P.S. Case No.91 of 2020 corresponding to G.R. No.1281 of 2020, preferred Criminal Revision No.146 of 2022. The learned Sessions Judge, Giridih without giving any opportunity of being heard to the petitioners, though they were parties to the said Criminal Revision No.146 of 2022, allowed the Criminal Revision behind them.