GYANDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 21.12.2006, passed by the learned Chief Judicial Magistrate, Patna in G.R. No.980 of 1999/ Tr.No.82 of 1996, whereby it was ordered to frame charge under Section 147 of the Indian Penal Code. THE petitioner has also prayed for quashing of the order dated 27.11.2000 passed by the learned Chief Judicial Magistrate, whereby the petition filed on behalf of the petitioner under Section 300(1) of the Code of Criminal Procedure was rejected.

(2.) SHORT fact of the case is that on 10.3.1990, three F.I.Rs were lodged in Shri Krishna Puri Police Station almost in a connected occurrence. The first case i.e. S.K. Puri P.S. Case No.31 of 1990 was registered for the offences under Sections 146, 148, 149, 323, 307, 336, 353 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 and 5 of the Damage to Public Property Act against Satya Narayan Mishra and 10 others including the petitioner and 20-25 unknown persons. On the same day, the second F.I.R. vide S.K. Puri P.S. Case No.32 of 1990 was registered against Satya Narayan Mishra, in which the petitioner was the informant and in third case i.e. S.K. Puri P.S. Case No.33 of 1990, the petitioner was made accused and Satya Narayan Mishra was the informant.

(3.) AGGRIEVED with the order dated 27.11.2000 as well as the order dated 21.11.1996 passed by the learned Chief Judicial Magistrate, the petitioner approached this Court by filing the present petition, which was admitted for hearing on 20.11.2001. While admitting, it was directed that during the pendency of this application further proceeding in G.R. Case No.980 of 1990/ T/R.No.82 of 1996, pending in the court of Chief Judicial Magistrate, Patna, shall remain stayed. The order of stay is still continuing.