RAJ KUMAR PANDEY 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 21.1.2003 passed by Shri S.K. Pandey, Judicial Magistrate, Ist Class, Aurangabad in G.O.74 of 1995/Tr. No.29 of 2003, whereby the learned Magistrate has rejected the discharge petition. In this case, at the stage of charge, petition was filed on behalf of the petitioner for his discharge. However, the learned Magistrate, by the impugned order, has rejected the discharge petition.

(2.) Short fact of the case is that on the basis of fardbeyan of the petitioner in the year 1995, an F.I.R. vide Kutumba P.S. Case No.80 of 1995 was registered on 3.9.1995 for the offence under Sections 147, 148, 149, 448, 380 and 323 of the Indian Penal Code against eight named accused persons. After registering F.I.R., police started investigation. However, during investigation, the police found the allegation made by the petitioner in the F.I.R. as un-true and as such on 12.10.1995, a final report was submitted by the police indicating the case as un-true. On the same date, a prosecution report was filed for prosecuting the petitioner for the offence under Sections 182 and 211 of the Indian Penal Code. After filing of prosecution report, the learned Magistrate took cognizance of offence. At the stage of charge, the petitioner filed a petition for discharge which was rejected by order dated 21.1.2003 passed by Sri S.K. Pandey, Judicial Magistrate, Ist Class, Aurangabad.

(3.) Aggrieved with the order of rejection of discharge petition dated 21.1.2003 passed by Shri S.K. Pandey, Judicial Magistrate, Ist Class, Aurangabad, the petitioner approached this Court by filing the present petition. On 16.5.2006, the case was admitted for hearing. While admitting, it was directed that the interim order dated 19.11.2003 shall continue and order of stay is still continuing.