MD IZHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Additional Public Prosecutor for the State. None appeared on behalf of the petitioners, perused record as well as report received from the court below through Letter No. 19 dated 30th August, 2010 and the supplementary case diary.

(2.) This application has been preferred by four petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 28.10.2003 passed by Chief Judicial Magistrate, Saharsa taking cognizance for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act against seven accused persons, including four petitioners in Bakhtiyarpur Police Station Case No. 81 of 2003 and traveling the record to the court of Sri Azazuddin, Judicial Magistrate, 1st Class, Saharsa for commitment .

(3.) Relevant facts of this case is that Bakhtiyarpur Police Station Case No. 81 of 2003 was instituted on 18.07.2003 for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act, on the fardbeyan of one Sahni Khatoon against seven persons including the four petitioners. After investigation police submitted charge-sheet against three non-petitioners, keeping the investigation pending against four petitioners vide charge-sheet no. 107 dated 13.10.2003.