RAM BACHAN BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the revision applications are directed against a common order dated 26-6-1992 passed by the Judicial Magistrate, IInd Class, Jehanabad, in Tr. No. 186 of 1992, whereby in exercise of his power conferred under Section 319 of the Code of Criminal Procedure (hereinafter called 'the Code') he has summoned the petitioners to face trial under Section 376 I.P.C.

(2.) It appears, previously the Police has submitted charge-sheet under Sections 144, 323, 504 I.P.C. against petitioners Ram Bachan Bind, Munarik Bind, Chanrik Bind, Sarju Bind, Sri Kishun Bind, Gad Gad Bind, Nawal Bind, Awadhesh Kumar and Jugeshwar Bind but no charge-sheet was submitted against petitioner Lallan Bind. The Chief Judicial Magistrate accordingly took cognizance of the offence and summoned only those accused persons to face trial under Sections 144, 323 and 504 I.P.C. against whom Police had submitted charge-sheet. No summons was issued against the petitioner Lallan Bind.

(3.) It appears, during the ring of the trial and after examination of certain witnesses, the learned Magistrate was of the view that a case under Section 376 I.P.C. was made out against the petitioners and also against petitioner Lallan Bind against whom no summons was issued. Since the offence under Section 376 I.P.C. was triable by a Court of Sessions, therefore, the learned Magistrate transmitted the records to the Chief Judicial Magistrate for necessary orders on commitment.