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Judgment
Nobody appears on behalf of the petitioner.
From the order-sheet it appears that yesterday nobody appeared on behalf of the petitioner.
Mr. Arun Kumar Pandey, learned A.P.P. submitted that the present status submitted by the Chief Judicial Magistrate, Godda, it would appear that the cognizance under Sections 147 / 149 / 341 / 323 / 504 / 448 / 376 / 511 / 427 / 353 / 354 / 332 / 379 of the Indian Penal Code was taken on 19.07.2007. After commitment of record, the Court of Sessions did not find the charge under Sections 376 / 511 of the Indian Penal Code and returned the record. Thereafter the charge under Sections 147 / 149 / 323 / 341 / 427 / 448 and 504 of the Indian Penal Code were framed against accused persons including this petitioner. The record is fixed for prosecution evidence.
Perused the letter no.69 dated 07.08.2017 submitted by the Chief Judicial Magistrate, Godda. From which it appears that the Sessions Court held that the charge under Section 376 / 511 of the Indian Penal Code is not made out and so the case is not exclusively triable by the Court of Sessions. Thereafter, the Court of Chief Judicial Magistrate, Godda framed charge under Sections 147 / 149 / 323 / 341 / 427 / 448 and 504 of the Indian Penal Code and the record is fixed for prosecution evidence. Here the petitioner Rajesh Mandal @ Sah @ Rajesh Kumar Sah have challenged the cognizance order dated 19.07.2007 but now in the changed circumstances when the court has framed charge under Sections 147 / 149 / 323 / 341 / 427 / 448 and 504 of the Indian Penal Code, there is no need of keeping this matter pending.
Accordingly, the instant application is disposed of.