SAWAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Sec. 482 of the Code cf Criminal Procedure, the six petitioners, who are arrayed as accused in Mahua P. S. Case no. 4 dated 6-11-1977, have prayed for the quashing of the impugned order dated 5-12-1978, passed by the Judicial Magistrate where this case is perding, by which treating it as accunter-case i.e has decided to commit it to the court of sessicns to be tried along with Mahua P. S. Case no. 3 (11)/77 under Sec. 307 I.P.C. already committed to the Couit of Sessions.

(2.) Alleging assault on him by Chandra Rai and others, Ram Lagan Rai, one cf the petitioners, lodged an information before the police in respect of an offeree under Sec. 307 I. P. C. The case was investigated by the police after registering Mahua P. S. Case no. 31 (11)/77 and charge-sheet was submitted against Chandra Rai and ethers arraying them as accused and they were subsequently committed to the Court of Sessicns where the sessions trial is pending.

(3.) Mahua P. S. Case no. 4, dated 5-11-77 was registered on the statement of Chandra Rai above-named, under Secs, 147, 148, 323 and 324 I. P. C. against Ram Lagan Rai and five others, the petitioners of this case, by way of a counter- case. The police submitted charge-sheet in this case also and it was transferred to the Court of the Judicial Magistrate Shri M. Hasan for disposal. Chandra Rai filed a petition before the Judicial Magistrate for the counter-case also being committed to the court of session on the ground that Mahua P. S. Case no. 3 (11)77 had already been committed to the court of sessioon. The petitioners objected to this prayer of Chandra Rai. By the impugned order, for the reasons stated therein, the Judicial Magistrate allowed the prayer of the informant and after rejecting the submission made on behalf of the petitioners fixed 18-12-78 for transferring Mahua P.S. Case no. 4, dated 5-11-77, also to the court of session. It is this stage that the petitioners have approached this court for quashing the impugned order.