High Court Patna High Court - Orders

Budhi Sagar Pandey vs The State Of Bihar &Amp; Anr on 24 June, 2010

Patna High Court – Orders
Budhi Sagar Pandey vs The State Of Bihar &Amp; Anr on 24 June, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.10581 of 2008
            BUDHI SAGAR PANDEY S/O LATE RADHA PANDEY,
            RESIDENT OF VILLAGE CHARITRAVAN, BUXAR, P.S.
            BUXAR (TOWN), DISTRICT BUXAR.
                       ...         ...    PETITIONER.
                              Versus
         1. THE STATE OF BIHAR
         2. RAVINDRA PRASAD CHOUDHARY S/O LATE JIYUT RAM
            CHOUDHARY, RESIDENT OF VILLAGE CHARITRAVAN, BUXAR
            (TOWN), DISTRICT BUXAR.
                       ...         ...    OPPOSITE PARTIES.
                           -----------

2. 24.6.2010. Learned counsel for the petitioner

files a supplementary affidavit. Keep it on

record.

Heard Mr.Digvijay Kumar Ojha, learned

counsel appearing on behalf of the petitioner

and Mrs. Indu Bala Pandey, learned Additional

Public Prosecutor for the State.

The petitioner, while invoking inherent

jurisdiction of this Court under Section 482 of

the Code of Criminal Procedure, has prayed for

quashing of the order dated 14.2.2008 passed in

Sessions Trial No.255 of 2004 by Additional

Sessions Judge, Ist Class, Buxar. By the said

order, the learned Judge has rejected the

discharge petition filed under Section 227 of

the Code of Criminal Procedure on behalf of the

petitioner.

Learned counsel for the petitioner,

while pressing this petition, submits that in

this case though the petitioner was named in
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the first information report as order giver,

the police after investigation did not collect

any material showing involvement of this

petitioner and thereafter, he was not sent up

for trial. In this case, three accused persons

were forwarded by the police to face trial. It

was submitted by learned counsel for the

petitioner that in the entire record, there is

nothing to suggest regarding involvement of the

petitioner. Learned counsel for the petitioner

has argued that after commencement of the trial

and examination of the witnesses, a petition

was filed under Section 319 of the Code of

Criminal Procedure and thereafter, the

petitioner was summoned to face trial and after

entering into the appearance at appropriate

stage, a petition was filed for discharge and

the learned trial court without applying its

mind has rejected the discharge petition filed

by the petitioner. Accordingly, he has prayed

to quash the order dated 14.2.2008 passed by

Additional Sessions Judge, Ist Class, Buxar in

Sessions Trial No.255 of 2004.

Learned counsel for the petitioner, in

course of argument, files a supplementary

affidavit sworn on 23.6.2010. By way of

supplementary affidavit, learned counsel for
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the petitioner has brought on record the

evidence of P.Ws.7 and 8. P.W.7 was

Sub.Inspector of Police, who has recorded

fardbeyan of the informant and P.W.8 is also

Sub Inspector of Police, who had conducted the

investigation of the case. While pressing the

evidence of P.Ws.7 and 8, learned counsel for

the petitioner has argued that both the

witnesses have not said anything against this

petitioner.

           Mrs.              Indu        Bala         Pandey,           learned

Additional          Public              Prosecutor            appearing        on

behalf of the State has opposed the prayer of

the petitioner.

Besides hearing learned counsel for the

parties, I have also examined the materials

available on the record. In this case, the

petitioner has brought on record the first

information report of Buxar(Town) P.S. Case

No.38 of 2002 as Annexure-1. The said first

information report was registered for the

offences under Sections 302 and 34 of the

Indian Penal Code and Section 27 of the Arms

Act. As per the fardbeyan of the informant,

there is specific allegation against this

petitioner that on the order being given by

this petitioner other co-accused opened fire
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and in the occurrence, one person was killed

and one person also received fire arm injury.

I have also perused the impugned order.

The learned Sessions Judge, after hearing the

parties and examining the materials available

on the record, has rejected the discharge

petition by assigning a detailed reason. Of

course, at the time of rejection of discharge

petition as per provision contained in Section

227 of the Code of Criminal Procedure, there is

no requirement to assign reason, however, in

case of discharge, it is the duty of the court

to assign reason. It is not in dispute that

during trial when materials were collected

showing involvement of the petitioner, learned

trial court, while exercising power under

Section 319 of the Code of Criminal Procedure,

had summoned the petitioner and the petitioner,

in compliance with summon, appeared before the

court and at the stage of charge, the discharge

petition was filed, which was rejected by the

impugned order.

In view of materials available on the

record particularly in view of specific

allegation made in the fardbeyan, which has

been exhibited as Ext.2, I am of the view that

it is not a fit case to exercise inherent power
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of this Court under Section 482 of the Code of

Criminal Procedure in favour of the petitioner

and, accordingly, the petition stands rejected.

(Rakesh Kumar,J.)
Md.S.