MD JIAUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order passed by the learned Sessions Judge, Morigaon in Crl. Misc. Case No. 17/2002 dated 27-11-2002 arising out of Sessions Case No! 79/2001. By the aforesaid order, the learned Sessions Judge directed the petitioner to pay a sum of Rs. 1000/- to each of the accused persons, failing which to suffer rigorous imprisonment for 1 (one) month in exercise of power under Section 250, Cr. P.C.

(2.) I have heard Mr. J. M. Choudhury, learned Senior Counsel appearing for the petitioner and Mr. P.C. Gayan, learned Addl. P.P. for the Respondent State.

(3.) The necessary facts relevant for the purpose of disposal of this petition may be stated as follows ; the petitioner is a Sub- Inspector of Police of the Assam Police and during the year 1998 the petitioner was posted at Nallie Police Outpost under the Jagiroad Police Station in the Morigaon District where he was in charge of the Nallie Police Outpost. On the basis of an FIR lodged by the petitioner with the officer-in-charge, Jagiroad Police Station on 22-9-1998 corresponding to Nallie Police Outpost G.D.E. No. 476 dated 22-9-1998 the Jagiroad P.S. Case No. 139/1998 (G.R. Case No. 577/98) was registered. In the aforesaid FIR it is alleged inter alia, that on 22-9-1998 at about 4.30 p.m. acting on a tip off information, the petitioner as in-charge of the Nellie Police Outpost along with other staff searched the house and premises of accused Gopi Das. During the search accused (1) Gopi Das and (2) Pradip Das were arrested while they along with others assembled there for preparation of committing on the National Highway. During the search one hand-made pistol, two nos of L.G. live cartridges were recovered from the illegal possession of the accused Gopi Das. During the course of investigation of the case, the Investigating Officer i.e. the petitioner, examined witnesses and recorded their statements under Section 164, Cr. P.C. and sent the seized arms for chemical examination. But, before submission of the charge-sheet the petitioner was transferred from the said Police Outpost and accordingly he handed over the case diary to his successor. After completion of the investigation the successor officer of the petitioner submitted charge sheet under Section 399, IPC read with Section 25(l)(a)/27 of the Arms Act against the accused Gopi Das and Pradip Das. The offence alleged being a sessions triable, the case was committed by the learned Magistrate to the Court of the learned Sessions Judge, Morigaon and accordingly the Sessions Case No. 79/2001 was registered.