High Court Patna High Court - Orders

Bholajee vs State Of Bihar on 14 October, 2011

Patna High Court – Orders
Bholajee vs State Of Bihar on 14 October, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.29460 of 2009
                                               Bholajee
                                                Versus
                                           State Of Bihar
                                              -----------

For the Petitioner :- Mr. Mukesh Kr. Singh (Adv.)
For the State :- Mr. Akbar Ali (A.P.P.)

02 14.10.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

It is gathered that ten named and near about 200

unknown persons were made accused in Town Chapra P.S. Case No.

218 of 2005 registered under Sections 147, 148, 149, 353, 323, 307,

427 and 379 of the Indian Penal Code. It is further gathered from

Annexure-3 to this petition that eight accused persons filed a petition

under Section 228 of the Cr.P.C. on 22.03.2007 before learned

Additional Sessions Judge, Fast Track Court-IV and after hearing the

aforesaid accused persons on the above stated petition, learned

Additional Sessions Judge, Fast Track Court-IV passed order dated

12.03.2008 in Sessions Trial No. 122 of 2007 giving this finding that

the aforesaid accused persons have committed the offence which is

not exclusively triable by the court of Sessions and accordingly, he

fixed the date for framing the charge against all the above stated

accused persons and also observed that after framing of the charge, the

record of aforesaid accused persons would be transferred to the court

of Chief Judicial Magistrate, Chapra for trial.

It would further gather from the record that a petition

under Section 228 of the Cr.P.C. was filed on behalf of the petitioner

on 13.02.2009 making some prayer as observed by learned Additional

Sessions Judge, Fast Track Court-IV, Chapra vide order dated
2

12.03.2008 and the aforesaid fact was brought to the notice of the then

2nd Additional Sessions Judge, Chapra but he rejected the aforesaid

prayer of the petitioner vide impugned order dated 24.07.2009 passed

in Sessions Case No. 795 of 2008 coming to the conclusion that a

clear cut case under Section 307 and other minor Sections are made

out against the petitioner. It appears that both the aforesaid orders

have been passed by same judicial officer. It is not clear from the

materials available on the record as to whether the order dated

12.03.2008 passed in Sessions Trial No. 122 of 2007 was set aside by

the Higher Court or not. So, I think it proper to call for a report from

the court of 2nd Additional Sessions Judge, Saran at Chapra to the

above stated effect and accordingly, a report be called for from 2nd

Additional Sessions Judge, Saran at Chapra as to whether order dated

12.03.2008 passed in Sessions Trial No. 122 of 2007 has been

challenged and set aside by the Higher Court or not and if the

aforesaid order has not been set aside by the Higher Court as to under

which circumstances he passed the impugned order dated 24.07.2009.

The aforesaid report must reach to this Court within three weeks from

the date of receipt of this order.

List the matter before me after receipt of the above

stated report under the same heading.

In the meantime, further proceeding of Sessions Trial

No. 795 of 2008 pending in the court of 2nd Additional Sessions

Judge, Saran at Chapra shall remain stayed in respect of petitioner

only till further order of this Court.

SHAHZAD                              ( Hemant Kumar Srivastava, J.)