NAGESHWAR PRATAP NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 26.11.2002 passed by Sri N.P.Singh, learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi in Trial No.858 of 2002. By the said order, the learned Magistrate has rejected the discharge petition filed on behalf of the petitioner.

(2.) Short fact of the case is that on the date of Assembly Election two cars; one Maruti Van and another Santro Car were apprehended by the police and from both the vehicles six persons were arrested on the charge that from Maruti Van illegal arms and ammunitions were recovered and, as such, an F.I.R. vide Bathnaha P.S. Case No.9 of 2000 was registered under Sections 25(1-B) a, 26 and 35 of the Indian Penal Code. After investigating the case, police submitted chargesheet under the provisions of the Arms Act as well asunder Section 134B of the Representation of People Act. Subsequently, order of cognizance was passed and at the stage of charge, discharge petition was filed on behalf of the petitioner and other accused persons. The learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi by its order dated 26.11.2002 rejected the discharge petition.

(3.) Aggrieved with the order of rejection of discharge petition, the petitioner approached this Court by filing the present petition.