LAL SURAJ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned app appearing for the State.

(2.) THIS application had been filed under section 482 Cr. P. C. for quashing the order dated 17. 8. 2005 passed by learned 4th Additional Sessions judge, Palamau at daltonganj in ST No. 209 of 2004 arising out of Sadar (Town) Daltonganj PS Case No. 381 of 2000 instituted under Section 302 and allied Section of Indian Penal Code and also under Section 27 of Arms Act as well as under Sections 3, 4, 5 of Explosive Substance Act, whereby and whereunder, summons have been issued against these petitioners under Section 319 of the Code of criminal Procedure to face trial.

(3.) IT appears that an FIR was lodged on the basis of the fardbeyan, given by one bihari Singh, alleging therein, that while he along with Ajay Singh was sitting outside his shop, the accused persons, boarding on a Marshal Jeep, came over there and started resorting to firing indiscriminately and hurling bombs, as a result of which, the informant as well as said Ajay Singh received several injuries and they were removed to hospital where said Ajay Singh succumbed to his injuries and a case was registered against several persons, including the petitioner no. 1, and also against one person, who was described as the nephew of Madhu Singh. The case having been instituted was taken up for investigation and during that period, said Bihari Singh also succumbed to his injuries. In course of time, the police submitted charge-sheet against four persons but so far as these petitioners are concerned, the charge-sheet at that time was not submitted as the investigation against them was going on. Thereafter, cognizance of the offence was taken and the case was committed to the Court of Sessions and the trial with respect to other accused persons commenced and in that course, PW6 and PW7 were examined, who in their evidences disclosed about the complicity of these petitioners and hence these petitioners were summoned under Section 319 of cr. P. C. for facing trial.