IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1955 of 2011
RANJU KUMARI & ANR.
Versus
THE STATE OF BIHAR & ANR.
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2. 28.01.2011. After having heard Sri Chitranjan
Sinha, senior counsel appearing for the
petitioners and after having perused the
impugned order dated 1.6.2010 passed by Chief
Judicial Magistrate, Katihar in Falka
P.S.Case No.15 of 2009, the court finds no
reason to interfere with the order. However,
the court is desirous of pointing out to the
court of Sessions that in case the case being
committed to it for trial it should strictly
adhere to the provisions of Sections 227 and
228 Cr.P.C. and pass an order after clearly
and deeply considering the materials which
could be contained in the police report,
submitted to the court. The court while
hearing the petitioners under Sections 227
and 228 Cr.P.C. shall specially consider the
material from the angle of the provisions of
Section 228(1)(a)which requires recording a
finding that an offence exclusively triable
by the court of Sessions is made out on fact
of the case. While considering the material,
2
at that particular stage, the court of
Sessions shall also consider whether there
were sufficient materials indicating the
complicity of petitioner no.1 Ranju Kumari
who is said to be unmarried daughter of
petitioner no.2 Singheshwar Mandal and,
thereafter, decide whether it was required to
frame charges against them.
The petition is dismissed with the
above directions.
B.Kr. ( Dharnidhar Jha,J.)