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2003 DIGILAW 758 (PAT)

Umesh Prasad Singh @ Petitioners Umesh Singh v. State of Bihar

2003-07-24

body2003
JUDGMENT C.K. PRASAD, J. This application has been filed for quashing the order dated 1.10.2001 passed by the IIIrd Additional Sessions Judge, Bhagalpur in sessions trial No. 293 of 2001 whereby the prayer made by the petitioners to transfer the case for trial to the Chief Judicial Magistrate has been rejected. 2. On the basis of a report given by one Bhavesh Kumar Singh, Nathnagar P.S. Case No. 941 of 1997 under Sections 147, 148, 149, 341, 323 and 325 of the Indian Penal Code was registered. Police after investigation submitted charge-sheet also under Sections 364 and 307 of the IPC. The learned magistrate, ultimately, committed the case to the Court of Sessions for trial. Before the Sessions Judge, petitioners filed application for transfer of the case for trial to the Court of Chief Judicial Magistrate, inter alia, contending that no offence under Sections 307 and 364 of the Indian Penal Code having been made out and other offences being not triable exclusively by the Court of Sessions, the case may be transferred for trial to the Chief Judicial Magistrate, as provided under Section 228 of the Code of Criminal Procedure. The said prayer of the petitioners has been rejected by the impugned order. 3. Mr. Jagdish Prasad appearing on behalf of the petitioners submits that the allegations made do not constitute offence either under Sections 307 or 364 of the Indian Penal Code and, as such, the learned Judge erred in law in rejecting the application of the petitioners. 4. Mr. Shiv Shankar Prasad Singh, learned Additional Public Prosecutor, appearing on behalf of the State as also Sri Rai appearing on behalf of opposite party NO.2 submits that the learned Judge while rejecting the prayer of the petitioner has prima facie found that offence under Section 307 as also 364 of the Indian Penal Code has been made out and the same does not call for interference by this Court in this application. 5. Having considered the rival submissions, I do not find any substance in the submission of Sri Prasad. The learned Judge referred to the material collected during the course of investigation and, prima facie found that offence under Sections 307 and 364 of the Indian Penal Code has been made out. 5. Having considered the rival submissions, I do not find any substance in the submission of Sri Prasad. The learned Judge referred to the material collected during the course of investigation and, prima facie found that offence under Sections 307 and 364 of the Indian Penal Code has been made out. The prima facie finding recorded by the learned Judge is on the consideration of the relevant material which does not call for interference by this Court in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure. 6. Application stands dismissed. Any observation made in the present application is for the purpose of its disposal and shall have no bearing at the trial.