The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.127 of 2020 Rohit Pal --------- -Versus- ... Petitioner The State of Jharkhand … Opposite Party --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ------- For the Petitioner For the State For the O.P No.2
Legal Reasoning
: Mrs. Jasvindar Mazumdar, Advocate : Mrs. Lily Sahay, A.P.P. : Mr. Sabyasanchi, Adv. --------- ORAL ORDER IN COURT --------- Order No.11 Dated 05th April, 2023 The present Criminal Revision Application has been filed on behalf of the petitioner by challenging the order dated 07.12.2019 passed by the learned Additional Sessions Judge-III, Sahibganj in connection with S.T Case No.228 of 2014, arising out of Borio (J) P.S. Case No.51 of 2014, corresponding to G.R Case No..116 of 2014, by which, the learned Additional Sessions Judge-III, Sahibganj has rejected petition filed on behalf of the petitioner filed under Section 227 of the Code of Criminal Procedure and the petitioner has also challenged the order dated 23.08.2022 by which, charges have been framed against this petitioner for the offences under Sections 148, 341/149, 323/149, 324/149, 307/149 of the IPC and Section 27 of the Arms Act against this petitioner namely, Rohit Pal and two other co- accused persons namely, Ranjeet Ram and Swapan Mandal. 2. Heard Mrs. Jasvindar Mazumdar, learned counsel for the petitioner and Mrs. Lily Sahay, learned counsel for the State and Mr. Sabyasanchi, learned counsel for the O.P No.2. 3. The prosecution case, in brief is that, while the Informant namely, Babulal Marandi along with his family members was taking tea at this Verandah, then at about 06:30 P.M., all of sudden, the persons riding on three Motorcycles came there and started scuffling with the Informant’s younger brother Shivlal Mandal then the 2 with the Informant’s younger brother Shivlal Mandal then the Informant went towards that plan and saw that Sapan Mandal @ Chowra Mantra Mandal had caught hold of his brother and then his associate Ramu Mandal fired upon him by means of pistol causing pellet injury as a result of which, he fell down and in the meantime, seeing the aforesaid scenario, when the informant and his elder brother alarmingly reached there and tried to apprehended the said Ramu Mandal, then one of the co-accused Rohit Pal standing nearby caught hold both of them then the rest two co-accused persons namely, Ranjit Sah and Amit Choudhary came from behind and out of whom, the said Amit Choudhary gave blows by means of butt of pistol causing bleeding injury over the head of Ramlal. Later on, alter assembling of nearby persons, then all the accused persons including Rohit Pal started fleeing away by opening fire taking only one Motorcycle and leaving the rest two there. After the incident, the injured were taken to the several hospitals for their treatment and ultimately, they were also referred to Kolkata for better treatment. 4. It is submitted by the learned counsel for the petitioner that the judgments and order passed by the learned Court below are illegal and not sustainable in the eyes of law. It is further submitted that the learned Court bellow has committed grave illegality by taking cognizance on 19.02.2006 against this petitioner. It is further submitted that the petitioner was not sent up for trial by the learned Judicial Magistrate but the learned Additional Sessions Judge-III, Sahibganj has taken cognizance under Section 193 Cr.P.C against him illegally. It is further submitted that the Magistrate has not committed the case of the petitioner to the court of Sessions, and the learned Additional Sessions has taken on own his own which is contrary to the