JUDGMENT :

Heard the counsel for the parties.

2. By filing this application, petitioner has challenged the impugned order dated 14.6.2019 passed by the Judicial Magistrate, 1st Class, Jamshedpur in G.R. No. 3367 of 2014 by which court has held that there are sufficient materials to frame charge against the petitioner under Sections 304A and 419 IPC.

3. This case arises out of an FIR and police report

4. FIR was lodged as Sonari P.S. Case No. 229 of 2014 which was registered under Sections 304, 120B of the IPC. The petitioner is shown as one of the accused along with one Suraj Kumar Mishra. It is stated in the FIR that daughter of the informant was residing near Sakchi. One Suraj Kumar, who is the neighbour of the informant, has informed the informant that her daughter died and her body was lying in TMH, J.S.R. The informant thereafter came to know that one friend of his daughter i.e this petitioner, brought the daughter to hospital and admitted her in TMH. It also came to the knowledge of the informant, after inquiry, that there was love affair between the daughter and said Suraj Kumar Mishra. It is alleged that on the advice of Suraj KumarMishra the daughter was taken to Kolkatta and was admitted in hospital for some surgery where this petitioner introduced himself as her cousin brother, which he infact was not. It has also been mentioned that on the advice of Suraj Kumar Mishra, the daughter of the informant was living in the house of this petitioner at Jamshedpur. It has been alleged that on 23.10.2014 all of a sudden the health condition of his daughter deteriorated then this petitioner got her daughter admitted in the hospital TMH where she died. The informant in order to verify the facts contacted the doctor at Kolkatta who disclosed that this petitioner by posing as the cousin brother of the daughter of the informant got her admitted in the hospital where she was operated. This petitioner signed the documents as the guardian of his daughter. It is alleged that the entire incident occurred at the instance of Suraj Kumar Mishra and this petitioner. The aforesaid fact is the sum and substance of the FIR.

5. The Police investigated and filed charge-sheet against this petitioner under section 419 and 420 IPC keeping investigation pending against other accused persons i.e Suraj Kumar Mishra and the doctor. Ultimately final form exonerating Suraj Kumar Mishra and the doctor, was filed. The court took cognizance of offence punishable under Sections 419 and 420 IPC. The petitioner filed an application for discharge. The said application was rejected on 7.7.2018 holding that there is sufficient material to frame charge against the petitioner under Section 304A /88 IPC. The said order was challenged by the petitioner before the Sessions Judge, Jamshedpur in Criminal Revision No. 330 of 2018. The learned Sessions Judge on 1st February, 2019 remitted that matter to the court below for passing order afresh on the ground that the impugned order i.e order dated 7.7.2018, does not reflect as to what are the materials before the court to arrive at a conclusion that there are sufficient material to proceed against the accused under the aforesaid sections. On remand the impugned order was passed by the Magistrate holding that there are sufficient materials for framing charge under Sections 419 and 304A IPC.

6. Learned counsel for the petitioner submits that court below has completely misdirected herself while passing the impugned order. He submits that from the admitted facts no charge can be framed under Section 304A or 419 IPC. He submits that the only allegation against the petitioner, if at all admitted, is that he has introduced himself as the brother of the deceased while getting her admitted in the hospital. He submits that this act cannot attract offence under Section 304A nor 419 IPC.

7. Counsel for the State submits that petitioner has impersonated himself and introduced himself as cousin brother of the deceased, which infact he was not