RAVI BHUSHAN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The informant of Buxar (Town) PS. Case No. 222 of 1987 through this application has prayed for quashing of the order dated 21.9.2006 passed therein by the learned Chief Judicial Magistrate, Buxar. By the said order the learned court has rejected the petition filed by the informant praying for re-examination of the prosecution witnesses under Sec.311 Cr. PC. after the court had arrayed two additional persons as accused under Sec.319 Cr. PC. and had summoned them to stand trial alongwith those others who had already been sent up.

(2.) The prosecution case is based on the sanha given by the injured informant, Ravi Bhushan Ojha, at the Buxar (Town) P.S., inter alia, alleging that on 29.11.1987 at about 12.45 P.M. while he was en route to Buxar Bazar and reached the Sidhnath Ghat More, suddenly, Sheo Bihari Tiwary dealt a lathi blow on his head from behind causing him injury. This was followed by lathi blows by Jai Narain Pandey @ Guddu, Bishnu Deo Pandey and Paramath Nath Pandey causing the informant injuries on several parts of his body. The immediate cause of the occurrence is said to be land related disputes.

(3.) The police after due investigation submitted a charge-sheet only against Sheo Bihari Tiwary and Bishnu Deo Pandey as it transpired during investigation that Paramath Nath Pandey and Jai Narain Pandey were out of station and lived at another place and accordingly charges under Sections 325/34 I.P.C. was framed against the two.