DINESHWAR LAL KARN SON OF LATE UGRANATH LAL DAS Vs. STATE OF BIHAR AND S S KISHORI S/O SURYA DEO SINHA, INSPECTOR, CBI

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, State and the CBI.

(2.) By order dated 27.2.2009, the petitioner was required to restrict his prayer to challenging only one prayer and the petitioner now restricts the same to the order dated 02.08.2004, by which Judicial Magistrate, 1st class, Samastipur, has refused to discharge the petitioner in T.R. No. 177 of 2004, which he had sought on the point of limitation.

(3.) The prosecution case is that on 28.06.1995, the opposite party No. 2 conducted a raid in the railway premises, Samastipur, where the petitioner was allegedly caught red handed demanding and accepting bribe to the tune of Rs. 200/ - from one Harshnath Mazumdar. In course of it, when the petitioner was arrested and kept in custody a mob compromising of staff and officers of DRM office, Samastipur, obstructed in discharge of the official duty and snatched the petitioner from police custody. Upon this, the First Information Report was instituted on 29.6.1995 for the offence under Sections 224, 225, 353, 323/34 Indian Penal Code. The matter was investigated and thereafter finally chargesheet was submitted on 16.3.2002 for the offence under Sections 224, 225, 353, 323, 379 and 511 Indian Penal Code and cognizance was also taken under the said sections on 9.8.2002.