LAWS(PAT)-2022-8-2

INDRASAN THAKUR Vs. STATE OF BIHAR

Decided On August 04, 2022
Indrasan Thakur Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the State and opposite party nos. 2 to 4.

(2.) This application has been filed for quashing order dtd. 4/12/2018 (Annexure 2) passed by the Chief Judicial Magistrate, Buxar in GR No. 620 of 2016/ Brahmpur (Krishna Braham) Police Station Case No. 46 of 2016 dtd. 22/3/2016 by which the Court below accepted final form without notice/hearing the informant and took cognizance on non FIR accused under Sec. 32, 504/34 of the Indian Penal Code. Petitioner has also prayed for quashing order dtd. 17/12/2019 (Annexure 8) passed in Revision No. 32/2019 by which revision filed against aforesaid order dtd. 4/12/2018 was dismissed by the Sessions Judge, Buxar.

(3.) As per the prosecution case, while the informant was at his home, FIR named accused persons including the petitioner and 10 to 12 unknown persons came there. Thereafter, opposite party nos. 2 and 3 opened fire causing injury on the head, shoulder and other body parts of the informant/the petitioner. Accused persons also entered the house of the informant and took away Attache containing clothes, jewellry and cash.