IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14462 of 2008 1. Bhuwar Ram @ Bhuwar Ram, son of Manhgu Ram 2. Suraj Prasad @ Surya Prasad, son of Dhanu Lal Sah 3. Manjay Prasad, son of Surya Prasad 4. Mahanth Ram, son of Satahu Ram 5. Anirudha Ram, son of Asharfi Ram 6. Ashok Ram, son of Dwarika Ram 7. Baleshwar Ram, son of Bhuwar Ram 8. Satish Ram, son of Musafir Ram All resident of village-Barharwa Mahanand, P.S.-Kalyanpur, District-East Champaran at Motihari. ………Petitioners Versus 1. The State of Bihar 2. Lal Babu Ram, son of Ganesh Ram, resident of village-Barharwa Mahanand, P.S.-Kalyanpur, District-East Champaran at Motihari. ……..Opposite Parties ----------- 02. 14.01.2011 The petitioners have challenged the order dated 16.01.2008 passed by learned Additional Sessions Judge, F.T.C. III, Motihari in Cr. Rev. No. 383/56 of 2007 whereby learned Additional Sessions Judge refused to interfere with the order dated 21.07.2007 passed by learned Chief Judicial Magistrate, Motihari, whereby learned Chief Judicial Magistrate, Motihari pleased to commit the case to the Court of Sessions under Section 323 of the Cr.P.C., hence the quashing of order dated 21.07.2007 has also been prayed for. Initially the case was registered under Sections 323, 324, 341, 379, 504/34 of the I.P.C. but subsequently Section 307 I.P.C. was also added. The police submitted chargesheet for the offences triable by the Court of Magistrate under Sections 147, 148, 149, 341, 323, 326, 504 of the I.P.C. and cognizance was also taken under the said Sections. By the impugned order, after examining the witnesses, as it appears from the impugned order, the learned Chief Judicial Magistrate committed the case to the Court of Sessions. In my view, under Section 323 of the Cr.P.C. the Magistrate has power to commit the case to the Court of Sessions, if evidences come to that effect. The other grievance of the petitioner is that the required police papers have not been served to the petitioner which is mandatory pre-condition for commitment of the case to the Court of Sessions. From the impugned order, it appears that after cognizance the police papers were supplied to the petitioner. By exercise of power under Section 323 Cr.P.C., no new police paper comes into existence but if the petitioners have not been supplied the police paper initially, learned Trial Court will see that it should be supplied to them. With the observations made above, the application stands disposed off. Shageer (Dinesh Kumar Singh, J)