MD. AZIZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing of order dated 2.11.2018 passed by the Addl. Sessions Judge, Muzaffarpur in Sessions Trial No.414 of 2018 (arising out of Orai P.S.Case No.23 of 2018) whereby and whereunder a petition for discharge under Section 227 of the Code of Criminal Procedure Code (hereinafter to be referred as 'the Cr.P.C.') has been rejected.

(2.) Prosecution case as per the written report filed by the informant Madan Rai is that his son aged about 13 years was taken by Mukul Rai on 19.2.2018 but he did not return then he started searching him but he could not trace out him and on 20.2.2018 the informant met with accused Mukesh Kumar and he disclosed that he had given one packet of toddy to give it to Md. Sabbir and on this the informant went to the house of Md. Sabbir but there the house of Md. Sabbir was found locked and when he made a contact with Md.Sabbir on Mobile and he tried to enquire about his son, Md. Sabbir switched off his Mobile and on the basis of above written report, Orai P.S.Case No.23 of 2018 was registered against accused Md. Sabbir and Mukesh Kumar.

(3.) It appears that during the investigation, name of the petitioner transpired and as such the police after investigation submitted charge-sheet against the FIR named accused persons as well as this petitioner and one Md. Shahnawaj and after cognizance the case was referred to the court of Sessions, which ultimately came to the court of the learned 14th Addl. Sessions Judge, Muzaffarpur.