(1.) THIS application under section 482 of the Code of Criminal Procedure has been preferred by the petitioner, Krishna Singh, praying therein for quashing the order dated 20.3.1996 passed by the Chief Judicial Magistrate, Godda, taking cognizance of the offence under sections 25 (1 -B) a/26 of the Arms Act, as well the entire prosecution against the petitioner. However, from the certified copy of the impugned order it appears that the aforesaid order dated 20.3.1996 was recorded by Shri A. K. Verma, Judicial Magistrate, 1st Class, Godda, in Tr. No. 958 of 1996 (State of Bihar vs. Ravindra Sah & others).
(2.) THE facto in short are that the F.I.R. in this case was lodged by one Havaldar Nagendra Prasad before the Of -ficer -in -charge of Meharama Police Station alleging against this petitioner and another accused Ravindra Sah that they had put their country made pistol at them, but they could be rescued with intervention of others.
(3.) THE only point that has been taken is that though there was sanction of prosecution by the competent authority under section 29 of the Arms Act against accused Ravindra Sah, but cognizance of offence was taken against this petitioner without any such sanction.