Patna Court September 1940 Judgments

Saidu Khan and ors. Vs. Gaya Prasad

Court: Patna

Reported in: AIR1941Pat144

ORDERDhavle, J.1. This is an application in revision against an order of the Sessions Judge of Patna directing a further enquiry under Section 436, Criminal P.C. It appears that on the evening of 31st March 1940, the opposite party lodged an information with the police about offences under Sections 147, 379 and 436, Penal Code, against the first seven petitioners before me. The police investigation took a long time, and on 10th May 1940 the opposite party put in a petition to the Sub-divisional Magistrate praying that a charge sheet may be called for from the police, and the accused persons, namely the first seven petitioners who were accused in the first information, as well as the six other persons who are among the petitioners before me, be placed on their trial. Three days afterwards the Magistrate disposed of the police report which was what they called a final report as distinguished from a charge sheet, and ordered that the case be entered as true under Sections 147 and 379, Pen...