MAHENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appli ­cation under Section 482 of the Code of Criminal Procedure ("the Code" in short) preferred by Mahendra Sharma @ Mahendra Kumar and Manindra Sharma @ Dr. Manindra Kumar for quashing the entire prosecution against them in relation to Konch P.S. Case No. 27 of 1996, appertaining to G.R. No. 786 of 1996, as also order dated 18.12.1996 by which Sri U.K. Upadhyaya, Judical Magistrate, 1st Class at Gaya had taken cognizance of offence under Sections 448, 353, 323 and 504 of the Indian Penal Code on the challan submitted by the police.

(2.) ONE line of argument of the learned counsel for the petitioners is that the F.I.R. was against unknown and in course of investigation no evidence did come on the case diary which could be adduced before the Court as legal evidence which implicated the petitioners. After going through the case diary learned Additional Public Prosecutor agrees to that.

(3.) FACTS in short are that Sri Sudhir Kumar Tiwary, Anchal Adhikari, Konch Block had filed the FIR before police stating therein that on 19.4.1996 when he was working with other staff at his residence -cum -office, two persons on motor cycles came and threatened the informant that they had amputed hands of the many officers like him and would kill him. They also got ready to assault, as a result of which the official work of the informant was obstructed.