(1.) The instant application has been preferred for setting aside the order dated 15.02.2014, passed by the learned Additional Sessions Judge-II, Jamshedpur in Sessions Trial No.349/2012, rejecting the petition of discharge filed by the petitioner under Section 227 of Cr.P.C. During the pendency of the instant application charges were framed against the petitioner vide order dated 10.01.2019 under Sections 307, 120B, 452/120B, 326/120B, 427/120B of the Indian Penal Code and Section 27 of Arms Act. An interlocutory application being I.A. No.4260/2019 was filed by the petitioner and the said amendment petition was allowed by this Court vide order dated 03.05.2019 allowing the petitioner to file the amended application by incorporating the order dated 10.01.2019 passed by the court below.
(2.) The prosecution case in sum and substance is that on 05.07.2011, while informant was climbing the stair of the hotel 'Friendship Inn' at about 7:30 P.M, he heard firing sound from behind and noticed that a shot hit the glass of door of hotel and when he turned, he saw three persons armed with fire arms. Meanwhile the bodyguard of the informant pointed his licensee revolver at them, whereupon they started running downstairs. In the meantime they fired a shot, which hit on left leg of informant's bodyguard namely, Angad Rai. Informant ran towards them and caught one of them and thereafter scuffle between them started. In the meantime, one of the criminals again fired a shot at informant but he escaped. It has further been alleged that informant opened fire from his licensee revolver at criminals which hit one of them and he fell down. At that time, firing and counter-firing between both sides continued and meanwhile informant hide himself behind a wall. In the meantime, police arrived there and warned the criminals to surrender but they kept on firing whereupon police retaliated by opening fire at them. After some time when firing stopped, informant came out and found all three criminals dead. Injured bodyguard Angad Singh was taken to hospital by the police. It has been alleged that informant suspected the involvement of dreaded criminal Akhilesh Singh and his company in this crime, who had also attacked at him on previous occasion.
(3.) The prosecution in its ingenuity, besides lodging the Sitaram Dera P.S. Case No.53/2011, also lodged Sitaram Dera P.S. Case No.54/2011 (G.R. No.1391/11) in which after submission of charge sheet, cognizance of the offence punishable under Sections 453, 307/34, 120B IPC read with Section 25 (1-a), 25 (1-b), 26 (ii), 27 and 35 of the Arms Act was taken against the petitioner in respect to the self-same occurrence. Eventually, the petitioner moved this Court in Cr.M.P. No. 1413/2013 which was allowed by this Court vide order dated 12.11.2013 on the ground that for the same set of allegation upon which the case of Sitaramdera P.S. Case No.53/2011 was lodged and another case was also lodged being Sitaramdera P.S. Case No.54/2011, in which the cognizance of the offence was taken upon submission of charge sheet and as a result, the FIR Sitaramdera P.S. Case No.54/2011 was quashed.