- (1.) LEARNED counsel for the petitioner submits that the petitioner is facing trial for the offences punishable under section 379 of the Indian Penal Code read with section 40 of the Bihar Minor and Mineral Concession Rules, 1972 (for short "the Concession Rules"). He has further argued that simply because the petitioner was owner of the tractor trolley, no offence can be made out against the petitioner for the offence under section 379 of the Indian Penal Code even if the tractor trolley was intercepted and found carrying morum without any valid permit/license. He has further submitted that cognizance can be taken for the offence under section 40 of the Concession Rules only on the complaint of the competent officer mentioned in the Concession Rules and neither police nor Magistrate has any jurisdiction to take cognizance of the offence under section 40 of the Concession Rules, without there being any complaint in writing before the Magistrate. Learned counsel for the petitioner further submitted that the trial is almost complete; all the prosecution witnesses have already been examined and statement of the accused under section 313 of the Code of Criminal Procedure has also been recorded and three witnesses in defence have already been examined and the petitioner shall not produce any other witnesses in his defence.
(2.) IN view of the fact that the trial, before the trial court/Sub Divisional Judicial Magistrate, Deoghar is almost at the final stage, therefore, interest of justice will serve if I ask the petitioner to raise all the points before the trial court. At this stage, I am not inclined to exercise my jurisdiction under Article 226 of the Constitution of India or section 482 of the Code of Criminal Procedure to find out as to whether any offence is made out or cognizance of the offence is without jurisdiction. Thus the present petition is disposed of directing the trial court to conclude the trial of Mohanpur P.S. Case. No. 115 of 1995 corresponding to G.R. No. 495 of 1995 within sixty days from the date the learned counsel for the petitioner shall produce certified copy of the order of this Court. The petitioner will be at liberty to raise all the legal points/issues before the learned trial court and trial court shall record its finding and pass appropriate order in accordance with law.;