JANKI SHARAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Additional Public Prosecutor for the State.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 25.08.2006 passed in Trial No. 1747 of 2006 arising out of Dalsingsarai P.S. Case No. 87 of 2005 passed by Sri Jai Ganesh Singh, Judicial Magistrate, 1st Class, Dalsingsarai, refusing the prayer of the petitioner made under Section 239 of the Code of Criminal Procedure through a petition dated 05.07.2006.

(3.) During course of arguments, by virtue of Annexure-2 i.e. Para- 35 of the case diary learned counsel for the petitioner tried to laid emphasis that during investigation no illegality was found while organizing the meeting of Gram Sabha/Gram Panchayat and apart from the above it is submitted that from the impugned order it does not appear that court below has considered the materials collected during investigation and mentioned in the case diary. Learned Additional Public Prosecutor after initial hesitation was left with no option, but to concede that impugned order is not a speaking one.