Hon'ble Mr. Justice Rakesh Ranjan Prasad - (1.) HEARD the parties.
(2.) THIS application has been filed under Section 482 Cr.P.C. for quashing of the order dated 11.10.2007 passed by the then Chief Judicial Magistrate, Godda in G.R. No. 751 2007 (T.R. No. 550 of 2007) whereby and whereunder, cognizance of the offences under Sections 147, 148, 149, 504, 324, 307 and 302 of Indian Penal Code has been taken against the petitioners. It does appear that the informant lodged a case alleging therein that he along with his younger brother -Sanaul Ansari Haque while were ploughing his field, seven persons named in the FIR including these petitioners came over there variously armed and started assaulting the informant and his brother resulting into death of Sanaul Ansari Haque. On the said allegation, a case was registered as Godda (M) P.S. Case No. 193 of 2007 under Sections 147, 148, 149, 504, 324, 307 and 302 of Indian Penal Code against them. The police having investigated the matter did find the allegation to be true against Md. Mazid and Md. Sanamul and as such chargsheet was submitted against them showing Md. Sanamul as absconder. Against rest of the accused persons including the petitioners, no charge -sheet was submitted, still the Chief Judicial Magistrate took cognizance of the aforesaid offences against these petitioners, who had never been charge -sheeted which order is quite illegal in view of the decision rendered in a case of Kishori Singh and others Vs. State of Bihar and others, 2000 (3) East Cr. C 816 (SC)} holding therein that in sessions triable cases if the charge -sheet is not submitted against the person, Magistrate does not have power to summon him, rather for summoning, recourse can be taken to the provisions as enshrined under Section 319 Cr.P.C.
(3.) ACCORDINGLY , the order dated 11.10.2007 passed by the then Chief Judicial Magistrate, Godda in G.R. No. 751 2007, arising out of Godda (M) P.S. Case No. 193 of 2007 (T.R. No. 550 of 2007) under which cognizance of the offences has been taken against the petitioners under Sections 147, 148, 149, 504, 324, 307 and 302 of Indian Penal Code, is hereby quashed.;