B C SUCHANTI SON OF LATE LAXMI CHAND SUCHANTI Vs. STATE OF BIHAR AND; GOPAL PADIA SON OF KISUN LAL PADIA

JUDGEMENT

(1.) Learned Counsel for the petitioner files supplementary affidavit enclosing therewith copy of charge sheet. Keep it on record.

(2.) The sole petitioner, while invoking inherent i jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10.8.1998 as well as for quashing of entire criminal proceeding in G.R. No.342 of 1996/Tr. No.36 of 1998 pending before the Judicial Magistrate, Ist Class, Nalanda arising out of Warsaliganj P.S. Case No. 30 of 1986. By order dated 10.8.1998, the learned Magistrate has rejected the petition filed on behalf of the petitioner for his discharge.

(3.) Shri Shravan Kumar, learned Senior Counsel appearing on behalf of the petitioner, while pressing the present petition, submits that it is true that in the complaint petition, the petitioner was arrayed as one of the accused and that complaint was subsequently referred to the police for its investigation. The police, after conducting thorough investigation, did not recommend for putting the petitioner on trial. However, charge sheet was submitted against remaining two accused persons. It was submitted that though at the time of charge, the petitioner had filed a discharge petition taking several grounds, the learned Magistrate, without considering the points raised in the discharge petition in a mechanical manner, has rejected the discharge petition by its order dated 10.8.1998. It was further submitted that the petitioner was Assistant Manager in the New India Assurance Company Ltd. and he had no role to play in the alleged occurrence and, accordingly, the police did not recommend him for facing trial. On the aforesaid grounds, learned Senior Counsel has prayed for quashing of impugned order as well as quashing of entire prosecution so far as it relates to the petitioner.