- (1.) The petitioner, in the instant application under Section 482 of the Code of Criminal Procedure, has prayed for quashing the order dated 13-11-2006 passed by the learned Chief Judicial Magistrate, Sahebganj in G.R. No. 305 of 2005 arising out of Sahebganj (T) P.S. Case No. 131 of 2005, whereby the learned Magistrate took cognizance of the offences under Sections 147, 148,149,341,323,326,335 and 307 of the Indian Penal Code and under Section 27 of the Arms Act against the petitioner and other persons, although the investigating officer By virtue of the charge sheet sub-mitted by him, did not recommend the petitioner for trial fpr the aforesaid offences.
(2.) facts of the case registered on the basis of the fardbeyan of the informant Badri Nayaran Pandey on 1-9-2005 is that on the alleged date of occurrence while the informant was proceeding on his motorcycle and when he reached near Dipti Mission, two persons namely, Gautam Rai and Mahesh Rai signalled him to stop, but the informant did not stop, whereupon, both the aforesaid persons assaulted him with lathi and rod. The informant fell down along with his motorcycle on the road, whereafter, on the exhortation of this petitioner, other accused persons namely, Bhim Rai, Rajeshwar Rai, Dinesh Rai, Bidhan Chandra Rai, Arbind Kumar Rai, Ganesh Rai, Radha Prasad Rai and Madho Rai arrived armed variously with weapons and after surrounding the informant, they begun to assault him. The petitioner is alleged to have exhorted the others to kill the informant and also to burn the informant alive with his motorcycle. Specific allegation is attributed to the accused particularly Dinesh of having inflicted knife injury on the informant and against the accused Bhim Rai of having set the informant's motorcycle on fire after pouring petrol over it. The assailants tried to drag the informant for putting him on the burning motorcycle, but when the local people and members of the informant's family came running on hearing informant's alarm, the assailants fled away. The motive for the assault is the alleged complaint lodged by the informant to the Deputy Commissioner, Sahebganj against the fake appointment of the members of the petitioner's family and against the black marketing of kerosene oil by the petitioner. The case after registration was investigated by the police. After concluding the investigation, charge sheet was submitted against ten persons named in the F.I.R. However, the petitioner was not sent up for trial and a final report in favour of the petitioner was submitted by the investigating officer on the ground that no evidence could be available against the petitioner.
(3.) The learned Chief Judicial Magistrate, Sahebganj by his order dated 13-11-2006, on perusal of police report, proceeded to take cognizance of the offences not only against those accused persons who were sent up for trial, but also against the present petitioner.;