NAGARJUN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the Petitioners and the State. No one appears on behalf of the Opposite Party No. 2.

(2.) THE Petitioners seek quashing of the entire proceeding including the order of non -discharge dated 8.10.2007 passed by the Additional District and Sessions Judge, Fast Track Court No. IV, Vaishali at Hajipur, in Sessions Trial No. 412 of 2003 arising out of Lalganj P.S. Case No. 228 of 2001.

(3.) THE reason for the occurrence was some previous rivalry between two groups i.e. Shyam Bihari Singh and Dilip Singh. Much after the occurrence, the Petitioners' name were disclosed through unknown persons who stated that the character of the Petitioners were not good and they had been seen loitering also on the date of occurrence near the place of accident. This statement was recorded in paragragh -52 which was reiterated once again in paragraph -224 mentioned in the impugned order. In paragraph -238, there is a mention of the requirement to remand one of the Petitioners whereas in paragraph 236 mentions post mortem examination report of the deceased. Paragraph -237 and 267 are Supervision Notes which endorses the implication of the Petitioners but without any cogent material whereas in Paragraph -268, there is a mention of the charge sheet being submitted against the Petitioners.