- (1.) Both the petitions are taken up together arising out of the almost common cause of action for the alleged offence under Sections 379/411/120B of the Indian Penal Code in respect of Nawadih P.S. Case No. 15 of 1996 instituted on 17.03.2006 on the written report of the informant Inspector of Police, Bermo at Tenughat.
(2.) The petitioner Anant Narayan Verma has requested for setting aside the impugned order dated 27.09.2007 passed by Shri Manish Ranjan, Judicial Magistrate, 1st Class, Bermo at Tenughat by which charge was framed against the petitioner and others. However, it was admitted in the Revision Petition that the petitioner Anant Narayan Verma along with the co-accused Anup Kumar Verma preferred a Criminal Misc. Petition No. 1213 of 2007 referred to above for the quashment of their entire criminal proceedings as well as the order impugned dated 18.06.2007 passed by the Sessions Judge, Bokaro by which the Cr. Revision No.86 of 2007 was dismissed affirming and upholding the order dated 18.05.2007 passed by Shri Manish Ranjan, Judicial Magistrate, 1st Class, Bermo at Tenughat by which their petition for discharge under Section 239 of the Code of Criminal Procedure was rejected in Nawadih P.S. Case No. 15 of 1996. The relief as claimed by the petitioner in both the petitions are common and therefore taken up together.
(3.) The prosecution story in short was that when the Inspector of Police, Bermo raided the place of occurrence which was the West Bank of Kachnar River, on the tip off that the accused persons had been collecting steam coal or illegally transporting and smuggling it to the different markets of Banaras and Dehri-on-Sone, the informant and the police party found there a truck No. BRB 9309 and behind that a Maruti Van No. BR 20C 9300 and it was alleged that the occupants of both the vehicles started running away after jumping from the vehicles at the sight of the police party. However, it was alleged that both the petitioners Anant Narayan Verma & Anup Kumar Verma were apprehended along with the 3rd culprit Prakash Rana whereas the other accused persons made their good escape. On interrogation, the petitioner Anant Kumar Verma disclosed to be the owner of Truck No. BRB 9309 whereas the accused petitioner Anup Kumar Verma introduced himself as the driver of the said truck whereas Prakash Rana did not associate with the either truck or the Maruti Van. However, these accused persons disclosed the name of the other accomplice who escaped at the sight of the police party and the case was instituted against all the named accused persons including these two petitioners.;