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2011 DIGILAW 662 (PAT)

Mazhraul Islam v. State of Bihar

2011-04-18

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ORDER 1. The petitioners are aggrieved by the order dated 25.04.2007 passed in Sessions Trial No. 498 of 2005 (Barsoi Police Station Case No. 18 of 2001) by which the Additional Sessions Judge, Fast Track Court No.3, Katihar has rejected the discharge application of the petitioners. 2. The main claim of the petitioners is that there is an allegation to say that the petitioners have formed an unlawful assembly and had attacked the Police Station, damaged it and also assaulted the S.I. B.P. Singh and one Nurse, causing injury to them. 3. The Court below has referred to paragraph nos. 2 and 3 of the case diary to say that there is an allegation that injury was caused to the S.1. B.P. Singh and one Nurse. Counsel for the petitioners submits that the reference of the Court below is not justified in view of the fact that there is no injury report to support the fact that grievous injury was caused to any public servant. It is, therefore, submitted that Section 333 of the Indian Penal Code would not apply in this case. 4. Notices were issued to the informant who was made party in this case, however, nobody appears on behalf of the informant. 5. In the circumstances, I quash the order dated 25.02.2007 and remand the matter back to the Court below ie. Additional Sessions Judge, Fast Track Court No. 3, Katihar to rehear the petitioners on the point of framing of the charges. Charges are to be framed under the correct sections of the Indian Penal Code. 6. This application is allowed to the extent indicated above. 7. The petitioners are directed to produce a copy of this order before the Additional Sessions Judge, Fast Track Court No. 3, Katihar within a period of two weeks from the date of receipt of a copy of this order.