ATIQURE RAHHMAN 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 21.11.2006 passed by the learned Chief Judicial Magistrate, Motihari . By the said order, learned Chief Judicial Magistrate, Motihari was prima facie satisfied that offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act was made out in Mehasi P.S. Case No. 51 of 2005 and directed for issuance of processes against the Petitioner and one Abdul Haque @ Hazi Abdul Haque Ansari.

(2.) AT the very outset, learned Counsel for the Petitioner has submitted that in case of Abdul Haque @ Hazi Abdul Haque Ansari, this Court had quashed the order, whereby processes were directed to be issued against both the accused, i.e. Abdul Haque @ Hazi Abdul Haque Ansari and this Petitioner and the matter was remitted back to the learned Magistrate for passing a fresh order.

(3.) I have also heard Sri Raj Ballabh Singh, learned Addl. Public Prosecutor appearing on behalf of the State.