R.R.PRASAD,J. - (1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 23.6.2006 passed by learned Sessions Judge. Bokaro in Cr. Rev. No. 135 of 2005 whereby learned Sessions Judge directed the Court below to summon the petitioner to face trial along with other accused though the trial Court had refused to exercise his jurisdiction to summon the petitioner to face the trial.
(2.) IT appears that the informant lodged First Information Report alleging therein that while he was coming to village he was accosted in the way by this petitioner and one Uttam Kumar Dey and said Uttam Kumar Dey fired shot at him but he managed to escape from being hit and then Uttam Kumar Dey assaulted him with fists and slaps. Upon it, Harla P.S. Case No. 58 of 2002 was instituted under Sections 341/323/324/325/326/307/34 of the Indian Penal Code and also under Section 27 of the Arms Act against the petitioner and his son Uttam Kumar Dey. The Investigating Officer after investigating the case submitted the charge -sheet under Section 341/323 only against Uttam Kumar Dey and accordingly, cognizance of the offence was taken and subsequently when I lie case was taken up for trial, prosecution witnesses were examined and after examination of PW 5 and PW 7. Public Prosecutor filed an application under Section 319 of the Code of Criminal Procedure which was rejected by the trial Court holding therein that no compelling reason does emerge from the material available on the record to proceed with the petitioner.
(3.) BEING aggrieved with that, the informant preferred Criminal Revision application before the Sessions Judge, Bokaro who having heard learned Counsel appearing for the petitioner did allow Revision application by recording his opinion that there appears reasonable prospect of the accused being convicted and accordingly, directed the trial Court to summon the petitioner.;