Md. Shamim And Ors vs State Of Bihar

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

By filing this application, the petitioners have invoked the extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal

Procedure, to quash the order dated 31.07.2019 passed in Sessions Trial Case No.93 of 2019/C.I.S./Registration No.93 of 2019, arising out of Khaira

(Nagra) P.S. Case No.50 of 2018, whereby and whereunder the Additional Sessions Judge-V, Saran at Chapra, rejected the application of the

petitioners filed under Sections 227 and 228 of the Code of Criminal Procedure for their discharge.

Learned counsel for the petitioners submits that the informant Nazid Hussain lodged Khaira (Nagra) P.S. Case No.50 of 2018 on 06.03.2018 for

the offence under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act against the

petitioners and one Md. Nasim with the contention that in the evening of 06.03.2018, he was at his shop along with his younger brother Wazid

Hussain. At that time, the petitioners along with Md. Nasim entered into his shop, caught hold of his collar and started to abuse. When he made

protest, then they started to cause assault him through fists and slaps. In that course, Md. Nasim took out the pistol and fired at him but he saved by

concealing himself. On the alarm being raised by him, the nearby people started to gather, then all fled away giving threatening. On investigation, the

police submitted the final form against Md. Nasim, who is said to have shot fire at the informant, but submitted the charge-sheet against the

petitioners. Thereafter, cognizance of the offence was taken against the petitioners and the case was committed to the court of sessions, where an

application under Sections 227 and 228 of the Code of Criminal Procedure was filed on behalf of the petitioners for discharge but the same was

rejected by the Additional Sessions Judge-V, Saran at Chapra illegally through the impugned order dated 31.07.2019.

From perusal of the impugned order, it appears that the Additional Sessions Judge-V, Saran at Chapra, taking into consideration the statement of the

informant and other witnesses rejected the application of the petitioners filed under Sections 227 and 228 of the Code of Criminal Procedure for their

discharge.

I find no illegality in the impugned order for interference with the same by exercising the power under Section 482 of the Code of Criminal

Procedure.

Accordingly, this application stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, at the appropriate

stage before the trial court.