TaxTMI 
TaxTMI 
2010 (9) TMI 1216
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....gh, the informant's brother was contesting the elections to the Bihar Assembly as an independent candidate. While the polling of votes was in progress, Bharat Singh was sitting in the Election office when he received information that bogus votes were being cast at a particular booth and upon hearing a bomb explosion at about 11.30 a.m., he proceeded to the place where the incident was taking place. According to the F.I.R. version, the informant reached the place in a jeep while Bharat Singh followed him on a motorcycle. On reaching the place they were informed that a boy had sustained injuries and had been rushed to the Maharajganj State Hospital for treatment. 2. When they were leaving the hospital premises, Uma Shankar Singh who wa....
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....ording to law after considering both the reports and the case diary. 4. By virtue of the order of the High Court, investigation continued both by the CID and the local police and it was decided to file a report in final form against the Petitioner, though some other accused were charge- sheeted. However, after examining the materials in the case diary, the Chief Judicial Magistrate differed with the Final Report submitted by the investigating agency to take cognizance against Jitendra Swami and some other accused persons. 5. This led the Petitioner to file an application under Section 227 Cr.P.C. for discharge from the case. The said application was taken up for consideration by the First Additional Sessions Judge, Siwan, who by his o....
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....tuting the offence. Mr. Mishra submitted that prior to the enactment of the Code of Criminal Procedure, 1973, which replaced the Code of Criminal Procedure, 1898, if the Magistrate disagreed with the Final Report filed by the investigating agency, he was at liberty to hold a separate enquiry and to take cognizance thereafter. Under the new Code, however, such a procedure was eliminated by virtue of the amended provisions of Section 209 which made it quite clear that when in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate who is of the view that the offence is triable exclusively by the Court of Session, he shall, after complying with the provisions of Sections 207 and 208, as the ca....
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....r other than the power conferred under Section 319Cr.P.C. by which the Court of Session could join a new person as accused. It was held that there is no intermediary stage between committal under Section 209 Cr.P.C. and Section 319Cr.P.C. for the aforesaid purpose. 11. Mr. Mishra submitted that the views expressed in Ranjit Singh's case (supra) were contrary to those expressed by this Court in the case of Kishun Singh & Ors. vs. State of Bihar, [(1993) 2 SCC 16], where, although, 20 persons had been named in the F.I.R., the Magistrate had committed 18 to the Court of Session under Section 209 Cr.P.C. to stand trial. On an application made under Section 319 Cr.P.C. indicating the involvement of the other two accused as well, a prayer ....
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.... Bench of two Judges when on account of the different views expressed by different Benches of this Court, the case was directed to be heard by a three Judge Bench. After considering the various decisions in connection with the said issue, the three Judge Bench observed that prima facie it did not think that the interpretation reached in Ranjit Singh's case (supra) was correct and that the law was clearly enunciated in Kishun Singh's case (supra). Further, having regard to the fact that the decision in Ranjit Singh's case (supra) was a three-Judge Bench, the learned Judges directed that the matter be placed before the Hon'ble the Chief Justice of India for placing the matter before a larger Bench. 14. Mr. Nagendra Rai, lea....