RAM EKBAK MISSIR Vs. RAM NIWASH PANDEY SRI NIWASH PANDEY
SUPREME COURT OF INDIA (FROM: PATNA)
RAM EKBAK MISSIR
RAM NIWASH PANDEY
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Shah, J. -
(2.)An FIR was registered under Section 302, IPC on a fardbayan of appellant on 5-8-1979. Thereafter, against the report submitted by the Investigating Officer, appellant filed Protest Petition stating that police has colluded with the accused persons. In that petition, five witnesses were examined who supported the FIR. It is the say of the appellant that in the meantime, he was taken into custody in connection with another offence under Section 302, IPC and remained in jail custody for more than 11 years and was released only in 1997.
(3.)It is his further say that from the jail itself, he was trying to find out what had happened to the FIR lodged by him. After release, it was noticed that for unknown reasons the said proceedings were not listed before the C.J.M. from 1990 to the year 2000. Ultimately appellant made inquiry and he was able to trace out the file which was placed before the ACJM who took cognizance of the offence against the respondent accused for the offence punishable under Section 302, IPC on 28-1-2000 and passed the following order :-
"Due to non entry in the diary and due to missing of the file the case was put up today. Attendance has been filed on behalf of the informant. The advocate for the informant submits that this case was pending for orders from 1990 itself. Due to the fact that the file was missing in the office the same was not being produced in the Court nor any order was passed. Today it has been found. Now after hearing order be passed. Heard the counsel of the informant and perused the records. Perused the statement of the complainant on solemn affirmation, on the protest petition, and also perused the evidence of all the witnesses, Ram Ekbal Pandey, Ram Singhasan Pandey, Uma Shankar Ram, Rama Kant Pandey, Dhaja Mishra and Mahesh Dusadh adduced during enquiry. The complainant has supported the complaint petition on S.A. and all the witnesses have supported/confirmed the occurrence.
On perusing the statement of the complainant on S.A. of the protest petition and the deposition of all his witnesses, prima facie case is made out against all the accused persons named in the complaint petition u/Ss. 147, 148, 302, IPC and 27 Arms Act. Therefore cognizance is taken in the case. Trial of Section 302, IPC is done by Sessions Court. Therefore, the case has been kept for Sessions Trial in the personal file. Complainant to file Talwana and Process fee for the appearance of accused persons."
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