AMAR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the petitioner in the midst of hearing filed a supplementary affidavit. Keep it on the record.

(2.) The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 27.9.1999 passed by Chief Judicial Magistrate, Jamui in Barhat P.S. Case No.39 of 1999 (G.R.Case No.373 of 1999). By the said order the learned Magistrate differing with the recommendation of the police report took cognizance of the offences under sections 379/34 and 429 of the Indian Penal Code.

(3.) Learned counsel for the petitioner submits that during investigation no material has been collected by the police and the land in question was a public land. He further submits that since there was dispute in respect of title of the property in question, in the case section 379 of the Indian Penal Code would not apply. He also submits that a case is pending before the D.C.L.R., Jamui. 3. However, after some argument learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to raise all the points at the stage of charge.