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2008 DIGILAW 1387 (JHR)

Claimant Bechman v. State of Jharkhand

2008-12-04

N.N.TIWARI

body2008
Order In this petition, the petitioner has prayed for quashing the order dated 17th January, 2005 passed by Sub-Divisional Judicial Magistrate, Deoghar in connection with T.R. No. 351 of 2005 (Deoghar P.S. Case No. 189 of 2000, corresponding to G.R. No. 500 of 2000), whereby the learned Sub-Divisional Judicial Magistrate has dismissed the petition filed by the informant under Section 319 Cr.P.C. 2. It has been stated that in the said petition, the informant had sought addition of three persons as an accused on the ground of some materials appearing on record in course of the trial, showing the complicity of the said persons. 3. Learned Sub-Divisional Judicial Magistrate has passed a detailed order after considering the facts and materials as also the provisions of law. It has been, inter alia, observed that the petitioner has sought addition of three ladies, namely, Renu Singh, Doli Singh and Manorma Singh as accused on the basis of the statement of P.W. 4. However, the said statements considered with other materials on record do not make out strong prima facie case for summoning the said persons as accused. 4. Learned court below has also noticed the order passed by this Court in W.P.(Cr.) No. 139 of 2003 filed by the informant, wherein this Court had observed that even after reinvestigation no fresh evidence or mala fide intention of the said person was found. 5. Learned court below, thus, concluded that on the one hand there was proper investigation and on the other from the evidences appearing on record, there is no strong prima facie material against the said persons for exercising extraordinary power under Section 319 Cr.P.C. and conducting de novo trial and harassing the other accused persons also, who have been facing trial for several years. 6. Learned counsel for the petitioner submitted that if the entire evidences and materials are reappraised by this Court, it would transpire that there are materials on record for proceeding against the said persons as accused and it is a fit case for exercising jurisdiction under Section 319 Cr.P.C. 7. 6. Learned counsel for the petitioner submitted that if the entire evidences and materials are reappraised by this Court, it would transpire that there are materials on record for proceeding against the said persons as accused and it is a fit case for exercising jurisdiction under Section 319 Cr.P.C. 7. Learned A.P.P., on the other hand, submitted that this Court in exercising jurisdiction under Section 482 Cr.P.C. cannot go into the disputed question of facts and cannot examine and scrutinize the facts, materials and evidences" It has been submitted that the power under Section 319 Cr.P.C. is an extraordinary and discretionary power and the learned court below has exercised his jurisdiction properly. The petitioner has failed to show any apparent illegality or infirmity in the order. 8. On perusal of the impugned order of the learned court below, I find that the court below has thoroughly discussed and considered all aspects of the matter and has given elaborate reason for not exercising power under Section 319 Cr.P.C. 9. I find substance in the submission of the learned A.P.P. that this Court cannot go into the disputed question of facts and cannot ordinarily appraise and scrutinize the evidences and materials on record in exercising power under Section 482 Cr.P.C. to interfere with a discretionary order of the court below unless any patent illegality or miscarriage of justice is shown to the satisfaction of this Court. I do not find any such exceptional circumstance to interfere with the impugned order. 10. This petition is, accordingly, dismissed.