BAL MANOHAR JALAN Vs. SUNIL PASWAN
LAWS(SC)-2014-6-13
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on
June 30,2014
BAL MANOHAR JALAN
Appellant
VERSUS
Sunil Paswan
Respondents
Cited Judgements :-
BENNETT COLEMAN & CO LTDS VS. STATE (NCT OF DELHI) [LAWS(DLH)-2023-12-17] [REFERRED TO]AYYAPPA YALLAPPA VS. AKKAMMA [LAWS(KAR)-2017-7-149] [REFERRED TO]
CH.RAGHUNANDAN RAO VS. STATE OF TELANGANA [LAWS(TLNG)-2022-7-9] [REFERRED TO]
SANTHAKUMARI VS. STATE OF TAMIL NADU [LAWS(SC)-2023-5-126] [REFERRED TO]
SHAHID ALI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-82] [REFERRED TO]
ARVIND KHANNA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2015-11-260] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)This appeal is preferred against the impugned order dated 18.4.2011 passed by the High Court of Judicature at Patna in Criminal Appeal No. 830 of 2009 whereby the High Court allowed the Criminal Revision filed by the respondent No.1 herein.
(3.)The facts necessary for the disposal of the present appeal are stated as follows: The father of the respondent No.1 herein filed a complaint on 24.5.2003 against five accused persons alleging therein that they had committed murder of son of the complainant by name Anil Paswan by administering poison. A case was registered in First Information Report No.96 of 2003 on the file of Chowk Police Station, Patna City, on 28.5.2003 against 5 accused persons for the alleged offences under Section 328/302/34 IPC. During investigation, the complainant filed a protest-cum-complaint petition on 7.6.2003 which was kept on record. The investigation officer submitted the final report in the case on 31.5.2008 against accused No.1 Sunita Devi alone under Section 328/302 IPC for the murder of Anil Paswan. The Addl. Chief Judicial Magistrate, Patna City, perused the charge-sheet and the case diary as well as the protest-cum-complaint petition dated 7.6.2003 and took cognizance for the offences under Section 328/302 IPC against accused No.1 Sunita Devi and discharged accused Nos. 2 to 5 in the First Information Report from the case and rejected the protest-cum- complaint petition filed by the complainant by his order dated 4.3.2009. Aggrieved by the rejection of the protest-cum-complaint petition Sunil Paswan, the son of complainant late Harinandan Paswan filed revision petition in Criminal Revision No.830 of 2009 on the file of the High Court of Judicature at Patna under Section 397 and 401 of the Code of Criminal Procedure. The High Court after hearing the revision petitioner and the respondent State set aside the order dated 4.3.2009 passed by Addl. Chief Judicial Magistrate, Patna City and remanded the matter to the court below for proceeding in accordance with law treating the protest-cum-complaint petition as a complaint. Accused No.4 mentioned in the First Information Report Bal Manohar Jalan has challenged the said order of the High Court in this appeal.
(2.)This appeal is preferred against the impugned order dated 18.4.2011 passed by the High Court of Judicature at Patna in Criminal Appeal No. 830 of 2009 whereby the High Court allowed the Criminal Revision filed by the respondent No.1 herein.
(3.)The facts necessary for the disposal of the present appeal are stated as follows: The father of the respondent No.1 herein filed a complaint on 24.5.2003 against five accused persons alleging therein that they had committed murder of son of the complainant by name Anil Paswan by administering poison. A case was registered in First Information Report No.96 of 2003 on the file of Chowk Police Station, Patna City, on 28.5.2003 against 5 accused persons for the alleged offences under Section 328/302/34 IPC. During investigation, the complainant filed a protest-cum-complaint petition on 7.6.2003 which was kept on record. The investigation officer submitted the final report in the case on 31.5.2008 against accused No.1 Sunita Devi alone under Section 328/302 IPC for the murder of Anil Paswan. The Addl. Chief Judicial Magistrate, Patna City, perused the charge-sheet and the case diary as well as the protest-cum-complaint petition dated 7.6.2003 and took cognizance for the offences under Section 328/302 IPC against accused No.1 Sunita Devi and discharged accused Nos. 2 to 5 in the First Information Report from the case and rejected the protest-cum- complaint petition filed by the complainant by his order dated 4.3.2009. Aggrieved by the rejection of the protest-cum-complaint petition Sunil Paswan, the son of complainant late Harinandan Paswan filed revision petition in Criminal Revision No.830 of 2009 on the file of the High Court of Judicature at Patna under Section 397 and 401 of the Code of Criminal Procedure. The High Court after hearing the revision petitioner and the respondent State set aside the order dated 4.3.2009 passed by Addl. Chief Judicial Magistrate, Patna City and remanded the matter to the court below for proceeding in accordance with law treating the protest-cum-complaint petition as a complaint. Accused No.4 mentioned in the First Information Report Bal Manohar Jalan has challenged the said order of the High Court in this appeal.
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