LAL BABU SINGH ALIAS LAL BABU RAI AND 17 OTHERS Vs. THE STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) This application is directed against the order dated 25.1.1982 passed in C.R. Case No. 2472 of 1979 by which cognizance has been taken for the offence punishable under Ss. 147, 149, 435 and 436 of the Indian Penal Code and processes have been issued against the petitioners. The facts stated briefly are as follows: - -

(2.) It appears on this petition, the learned Chief Judicial Magistrate had passed orders that the Officer Incharge of Begusarai police station will not file the final report and no orders will be passed on it. The final report was received on 9.5.1980 in the court of the Chief Judicial Magistrate, Begusarai. Thereafter, on the next a few adjourned dates it was observed that the informant did not take any step although some accused persons were present and some were present through lawyers. Ultimately, on 15.7.1980 the final report had been accepted mainly on the ground that the informant did not take any step. The accused persons were discharged from the liability of the bail bond. Further, the learned Chief Judicial Magistrate ordered that there would be no order on the petition of protest.

(3.) After about one year on 25.9.1981 the informant had filed an application stating therein that the Superintendent of police had ordered to submit chargesheet in the case and thus a prayer had also been made that the records be called for from the record room and cognizance be taken. The concerned court ordered for recalling of the case record. As a matter of fact, a supplementary chargesheet had been submitted by the Officer Incharge, Begusarai on 27.1.1981 naming the petitioners as accused persons for the offences under Ss. 147, 149, 435, 436 and 511 of the Indian Penal Code. On the basis of the supplementary chargesheet the impugned order taking cognizance against the petitioners has been passed.