Bibek Chaudhuri, J. – Propriety of an order, dated 17th of January, 2019, passed by the learned Additional Sessions Judge, 2nd Court at Naugachhia, rejecting an application under Section 227 of the Cr.P.C., filed by the accused persons/petitioners, praying for discharging them from Sessions Trial No. 67 of 2018, arising out of Naugachhia Complaint Case No. 380 of 2005, under Section 302, 201 read with Section 120 B of the Indian Penal Code and Section 27 of the Arms Act has been challenged in the instant revision.

2. For the sake of adjudication, brief fact of the case and the background thereof are narrated below: –

(i) One Rajesh Kumar was murdered, receiving gun-shot injury on 6th of April, 2000. On the basis of a complaint, filed by the complainant, namely, Janardan Das, under Section 156(3) of the Cr.P.C, Bihupur P.S. Case No. 68 of 2000 was registered against the accused persons. Police took up investigation of the case and on completion of investigation, submitted report in final form stating, inter alia, that the allegation made by the informant had not been substantiated and the accused persons were not sent up for trial. The complainant filed a protest petition before the learned Judicial Magistrate. The said protest petition was considered as a court complaint and registered as Complaint Case No. 380 of 2005. The learned Magistrate, on examination of the complainant and the witnesses, took cognizance of offence under Section 302, 201 and 120 B of the IPC and Section 27 of the Arms Act against the accused persons. The accused persons duly appeared before the Court of the learned Magistrate and since the offence complained of was exclusively triable by the Court of Sessions, the case was committed to Court of Sessions. Subsequently, it was transferred to the Court of the 2nd learned Additional Sessions Judge, Naugachhia for trial.

(ii) The accused persons filed an application before the learned Additional Sessions Judge under Section 227 of the Cr.P.C., which was rejected by the learned Additional Sessions Judge, 2nd Court at Naugachhia, vide order dated 17th of January, 2019.

3. Being aggrieved, the accused persons (hereinafter described as petitioners) have preferred the instant revision.

4. It will not be out of place to mention at this stage that Bihupur P.S Case No. 51 of 2000, dated 7th of April, 2000, was initially registered on the basis of a statement made by Havildar Surya Nath Singh on 6th of April, 2000 at about 11:30 P.M., stating, inter alia, that he along with four Constables of Police, namely, Md. Shahabuddin, Dhanjay Kumar Singh, Muneshwar Das and Balmiki Mandal were performing sentry duty in Bihupur Block Office. On 6th of April, 2000, at about 11:30 PM, Constable, Md. Shahabuddin was in duty. The informant was taking rest in the rest room. Other Constables were also lying on their beds. Suddenly, Md. Shahabuddin heard some noise coming from the south-eastern side of the Block Office, where the treasury of the Block Office was located. He immediately alerted the informant and other Police Constables. They proceeded to the spot from where sound was coming to ascertain the incident. As soon as they proceeded towards the spot, some unknown miscreants opened fire at them. In order to save the Government property, lives of the Guards and the arms and ammunition allotted to them by the Police Department, Government of Bihar, they also retaliated by opening fire. In course of such incident, some unknown persons fled away from the spot. When they proceeded towards the south-eastern side room of the Block Office, where the Government Treasury was located, they were again confronted with firing. The Police Guards also opened fire which caused death of one Rajendra @ Babua Das, son of Janardan Das. It was also stated by the informant that the victim died by Police firing when Police tried to protect themselves as well as the property of Bihupur Block Office Treasury while acting in discharge of official duty.

5. It