- (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) THE petitioners are aggrieved by the order dated 6.6.2011 passed by learned Sessions Judge, Koderma, in S.T. No. 96 of 2009, whereby the application filed by the petitioners for discharge has been rejected by the Court below. It appears that a complaint petition was filed against the petitioners by the complainant -informant for the alleged offences under Sections 147, 452, 341, 323, 379, 376 and 511 of the Indian Penal Code. The said petition was sent for institution of police case and after investigation, the police had submitted charge sheet under the said sections against all the five accused persons, who were named in the complaint petition. It also appears that the cognizance was also taken by learned Chief Judicial Magistrate for the said offences against all the accused persons, and the case was committed to the Court of Session.
(3.) THE petitioners earlier moved this Court in Cr.M.P. No. 1544 of 2009 with the prayer for quashing the criminal proceedings, stating that no offence under Sections 376/511 of the Indian Penal Code was made out against the petitioners. The said application was dismissed as withdrawn with the liberty to the petitioners to file the discharge petition before the Sessions Judge. The petitioners filed their application for discharge before the learned Sessions Judge, Koderma, who by order dated 6.6.2011 in S.T. No., 96 of 2009, has passed the detailed order discussing the materials against the petitioners, in which, the learned Sessions Judge has found that no offence is made out against these petitioners under Sections 376/511 of the Indian Penal Code. The Court below, however, found that prime facie case is made out against these petitioners only for the offences under Sections 147, 452, 341, 323 and 379 of - the Indian Penal Code, whereas against the accused Rajendra Prasad Choudhary only, the prime facie offence is also made out under Sections 376/511 of the Indian Penal Code, and directed them to be present in the Court for framing of the charge. The said order has again been challenged in the present revision application.;