RAM LAGAN SINGH Vs. STATE OF BIHAR
LAWS(PAT)-1979-5-17
HIGH COURT OF PATNA
Decided on May 15,1979

RAM LAGAN SINGH Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

JAMUNA SINGLI VS. BHADAI SHAH [REFERRED TO]
SANJAY GANDHI VS. UNION OF INDIA [REFERRED TO]
TUNESHWAR PRASAD SINGH VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

Brishketu Saran Sinha, J. - (1.)By an order dated 30th June, 1978, passed in C. Suit no. 594 of 1977, Shri D. P. Sinha, Chief Judicial Magistrate, Gaya, has directed the three petitioners to be summoned for commitment proceedings to be started against them The commitment proceedings in this case were to be put up a long with G. R. Case No. 1639 of 1977. Aggrieved by this order the petitioners have filed this application under section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code').
(2.)On the basis of a Fardbeyan lodged at Imamganj police station on 15th August, 1977, Imamganj Police Station Case No. 4 (8J-77 was instituted. On the first information report instituted on the basis of the Fardbeyan, several persons including the petitioners charged of offences under section 395, Indian Penal Code. In the fardbeyan lodged by the petitioners were named as persons who had been identified in the light of torch while dacoity was being committed. The police, after investigation, submitted charge-sheet against eight persons but no charge-sheet was submitted against the petitioners. The charge-sheet was submitted on 31st December, 1977, and ultimately, by an order dated 1st March, 1978, cognizance was taken against the other accused persons under sections 395 and 412, Indian Penal Code.
(3.)During investigation, a protest petition had been filed as early as on 23rd Agust, 1977, in which it was stated that the investigation was being conducted in a slip-shod manner and it was further stated that the names of the petitioners were being excluded by the police. On 10th March, 1978, the learned Chief Judicial Magistrate, examined the complainant on solemn affirmation and started Case no. 594 of 1977. An enquiry was conducted under section 202 of the Code. Thereafter, the impugned order has been passed.


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