SHYAMDEO MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The prayer of the petitioner in this writ application is to quash the order dated 14-7-2005 passed by the Additional Sessions Judge, VIII, Fast Track Court, Giridih whereby and whereunder, the learned Trial Court, in exercise of the powers under Section 319 of the Criminal Procedure Code allowed the prayer of the prosecution to summon Shyamdeo Modi i.e. the present petitioner to stand trial along with other accused persons on the ground that there was ample evidence on the record to show that Shyamdeo Modi was a man behind the curtain and had played a vital role in commission of the alleged crime and Shyamdeo Modi appeared to be guilty of offence of kidnapping of the minor boy Amit Kumar alias Tinku.

(3.) The facts which are relevant for the purpose of this application are that one Bhagwan Lal Burnwal lodged the First Information Report on 5-2-2004 regarding kidnapping of his minor son Amit Kumar alias Tinku, aged about 11 years. The said F.I.R. was registered under Section 364-A of the Indian Penal Code against unknown persons. After completion of the investigation, the charge-sheet under Section 364-A/120-B/34 of the Indian Penal Code was submitted by the Police against six persons namely Bablu Modi, Laxman Modi, Santosh Kumar, Ashok Mandal, Gaurav Mukherjee and Lalit Sen. Thereafter, the case was committed to the Court of Session and in course of Trial, out of five charge-sheet witnesses, four were examined including the victim boy Amit Kumar alias Tinku who, in course of investigation, was recovered.