Raghunath Yadav vs The State of Bihar

Navin Sinha, J.—Heard the learned Counsel for the Petitioner.

Learned Counsel for the Petitioner submits that police while submitting charge sheet did not put up the Petitioner for trial and did not find the case true against him. A protest petition was filed thereafter and on the basis of protest petition cognizance has been taken against the Petitioner herein.

Learned Counsel for the Petitioner submits that present is not a case where the court differing from the final form submitted by the police, on the basis of material already on record, summoned the person and sent up for trial. In the present case the court on the basis of protest petition has summoned the Petitioner to face trial. The learned Counsel, therefore, submits that the court was required to pass an order setting out his satisfaction.

In the aforesaid circumstances, the order dated 16.11.2002 and the order dated 11.6.2003 are set aside and the matter is remanded to the court below to pass fresh order in-accordance with law setting out its satisfaction for summoning the Petitioner to face trial on the basis of protest petition.

This application is, accordingly, allowed.