RAM CHANDRA SINGH AND KRISHNA CHANDRA SINGH @ KRISHNA KR SINGH BOTH SONS OF LATE JALESHWAR SINGH Vs. STATE OF BIHAR AND KAPILDEO SINGH, S/O LATE MANGAL SINGH

JUDGEMENT

(1.) Two Petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the code of Criminal Procedure, have prayed for quashing of entire criminal prosecution including the order of cognizance dated 26.08.2006 passed by Sri Sampat Kumar, Judicial Magistrate, Ist Class, Saran at Chapra in Complaint Case No. 2943 of 2004 (Inquiry No. 264 of 2006). By the said order, the learned Magistrate has taken cognizance of offence under Sections 302, 201/34 of the Indian Penal Code and summoned the Petitioners to face trial.

(2.) Short fact of the case is that opposite party No. 2 in the month of December, 2004 filed a complaint in the Court of Chief Judicial Magistrate, Saran at Chapra, which was numbered as Complaint Case No. 2943 of 2004, disclosing therein that in between 2.11.1990 and 3.11.1990 his father in law was murdered. It was disclosed that due to the reason that Petitioners were agnates of the father in law of the complainant had committed, the occurrence of murder of his father in law namely Baleshwar Singh. After the complaint was filed the learned Magistrate conducted enquiry and by the impugned order dated 26.8.2006 cognizance has been taken for the offence under Sections 302 and 201 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the Petitioners approached this Court by filing the present petition.