RAHUL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel fpr the parties.

(2.) The petitioner prays for quashing an order dated 29.6.2007, passed by In-charge, Chief Judicial Magistrate, Buxar in G.R. No. 274 of 2007, T.R. No. 2156 of 2007, arising out of Rajpur Police Station Case No. 29 of 2007, by which cognizance for offences under Sections 447, 341, 324, 307/34 I.P.C. has been taken against the petitioner, though police after investigation had submitted final form opining that petitioner is innocent.

(3.) The petitioner submits that even assuming the prosecution case to be true, the petitioner may be said to be a member of mob and only allegation against him is that he too abused others. The petitioner further submits that it would appear from the prosecution case that Surendra Nath Singh instigated, whereupon accused Durgesh fired from his licence gun causing injury to Jai Shankar Choube. Learned counsel for the petitioner further submits that he has assailed the impugned order taking cognizance on the following grounds: