UTTAM MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners, learned Additional Public Prosecutor for the State and Sri Baxi S.R.P. Sinha, for the Informant.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 24th September, 2004 passed in Sessions Trial No. 374 of 2000 by Additional Sessions Judge, Fast Track Court No. 5, Munger, summoning the Petitioners in exercise of powers conferred under Section 319 of the Code of Criminal Procedure.

(3.) Relevant facts of the case is that on the fardbayan of one Lakhi Devi, East Colony, P.S. Case No. 41 of 1998 under Section 307/326 of the Indian Penal Code and 27 of the Arms Act was instituted on 31st July, 1998 wherein just on the following day offence under Section 302 of the Indian Penal Code is added on 1st August, 1998 and Petitioner No. 1 was alone named accused.