HARI SHANKAR PRASAD, J. - (1.) BOTH the applications (Cr. Misc. No. 10675 of 1998 and Cr. Misc. No. 851 of 2000) have arisen out of the same case and are being disposed of by common order.
(2.) CR . Misc. No. 10675 of 1998(R) has been filed for quashing the order dated 21.11.1998 passed in Sessions Trial No. 240 of 1995 whereby and where under the learned VIIIth Additional Judicial Commissioner, Ranchi passed order for framing the charge and also framed charge against the petitioner and other accused persons under Sections 302/149/148/307, Indian Penal Code and 27 of the Arms Act, whereas Cr. Misc. No. 851 of 2000(R) has been filed for quashing the orders dated 5.1.2000 and 2.7.1997 passed in Sessions Trial No. 240 of 1995 whereby and where the petitioner was summoned under Sec.319, Cr PC to face trial and by order dated 5.1.2000 prayer to revoke the order dated 2.7.1997 was dismissed and prayer for anticipatory bail moved on behalf of the petitioner was directed to be filed before the learned Judicial Commissioner, Ranchi. Facts leading to filing of Cr. Misc. No. 10675 of 1998(R) are that O.P.No. 2 informant lodged a written report with the Bariatu Police Station stating inter alia therein that he along with his friend namely Anil Kumar Deo was going towards hospital from hostel No. 2 and as soon as he and his friend had reached on the pitch road, he saw some persons running towards them. Anil Kumar Deo from his emergency light and focus towards those persons, the informant saw Ladhu Lakra, this petitioner, Rajesh Toppo, Arun Kumar Singh, all students of final year and Mukesh Kumar, Student of 3rd year. Barnawas Hembram, student of 3rd year and Raushan, student of final year and they tried to surround the informant and his friend Anil Kumar Deo, on which both of them tried to run away but in the meantime, Rajesh Toppo shot fire at him but could not cause any injury. Thereafter, Barnawas Hembram and Raushan assaulted the informant on his chest due to which, he fell down at that place, but any how he managed to run away. Thereafter, all of them surrounded Anil Kumar Deo caused injuries by explosive and fire -arms and knives. On seeing this occurrence, the informant fled towards girls hostel to save his life and he hid himself at the place in the dark. The police came at the place after hearing sound of explosion of bomb, thereafter the informant and others came out and saw his friend Anil Kumar Deo lying in drain in pool of blood and he was dead. Thereafter, the informant made report to the office -in -charge, Bariatu Police Station for taking necessary action. On the basis of that report, Bariatu P.S. Case No. 62 of 1994 was registered and police after investigation submitted final form in this case against this petitioner and some other persons and police had submitted charge sheet against two persons namely, Barnawas Hembram and Raushan Khalkho under Sections 302/307/323/34 of the Indian Penal Code. The learned Chief Judicial Magistrate accepted the final form against this petitioner but took cognizance against those persons against whom charge -sheet had been submitted. The learned Chief Judicial Magistrate after taking cognizance committed the case to the Court of Sessions for trial. When the case was pending for trial after commitment, a petition was filed on behalf of the prosecution under Sec.319, Cr PC to summon this petition as well as other accused persons to face trial in this case and the Court vide order dated 2.7.1997 allowed the petition filed by the prosecution and issued summon against the petitioner and other accused persons for appearance and to face trial.
(3.) MUKESH Kumar, petitioner of Cr. Misc. No. 851 of 2000 (R) has challenged the order dated 2.7.1997 before the Court vide Cr. Misc. No. 5072 of 1997 (R) but this Court vide order dated 20.8.1997 dismissed the petition filed by the petitioners of both the cases. On 10.11.1998 hearing on charge was fixed but hearing on charge was made on 21.11.1998 and prayer for discharge was rejected and charges were framed under Sections 302/149/148/307 of the Indian Penal Code and Sec.27 of the Arms Act against the accused persons including this petitioner.;