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2008 Supreme(Pat) 1273

SAMARENDRA PRATAP SINGH
Ram Ayodhi Rai @ Ayodhi Rai – Appellant
Versus
State Of Bihar – Respondent


Judgment

Samarendra Pratap Singh, J.

1. Heard the learned Counsel for the parties.

2. The learned Counsel for the petitioners submits that one Ram Bechan Rai lodged an F.I.R. on 16.9.2006 alleging therein that accused persons including the petitioners ransacked his house and set it to fire and threw 3-4 years child consequence to which she died.

3. After some investigation charge sheet was submitted under Sections 147, 148, 341, 323, 447, 436, 427, 504 and 302 of I.P.C., against accused No. 2 to 4, whereas the investigation against petitioner No. 1 continued. Learned court below on perusal of the materials in the charge sheet took cognizance and summoned all the petitioners including petitioner No. 1 to face the trial.

4. Thereafter the petitioners filed a petition before the learned C.J.M., Sitamarhi for a direction to the police for proper and further investigation and to conduct Narco test in order to ascertain the truth. The aforesaid petition was rejected by the C.J.M., Sitamarhi vide his order dated 9.4.2007.

5. Learned Counsel for the petitioners assail the impugned order on the following grounds:

(a) Magistrate taking cognizance of offence against the petitioners and summoni














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