SUBODH KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the entire proceeding on the basis of the order, dated 11.4.2004 passed in Complaint Case No. 814C/2004 by the Chief Judicial Magistrate, Bhojpur by which process was issued against the Petitioner and one Babban Yadav for the offences under Sections 364, 302, 218 and 120B of the Penal Code.

(2.) On 4.7.2004 a case was instituted by the Petitioner who happened to be the Officer Incharge of Tarari police station. In the said case it is said that the Petitioner along with several other Havildars was moving in the village to round up gang of criminals belonging to the group of Banke Bihari Yadav. The police party could not find the criminals and were returning back when they saw two persons sitting on the side of the road. The Petitioner challenged them whereupon it is said that the two persons took out their revolvers and began to fire on the police party. The Petitioner was hardly able to save his life. In retaliation the Petitioner is said to have fired which is said to have hit Kameshwar Paswan in the back. The other co-accused Rajendra Yadav was caught on the spot and was arrested along with a country made pistol. In the F.I.R. itself, it has been disclosed that Rajendra Yadav is accused in as many as sixteen cases.

(3.) Subsequently a complaint was filed on behalf of Devki Singh for the offences under Sections 364, 302 and 120B of the Penal Code in which he has alleged that the Petitioner along with others came to his door. Kameshwar Paswan was sitting at the door. As soon as Babban Yadav is said to have reached the house of the complainant, Babban Yadav is said to have ordered that Kameshwar Paswan and Rajendra Yadav should be killed. It is alleged that the Petitioner shot at Kameshwar Paswan. It is further alleged that Rajendra Yadav was forcibly taken to the police station. The complainant got the news of death of Kameshwar Paswan from newspaper and thereafter filed the complaint petition.