ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, counsel for the State and counsel for opposite party no. 2 the informant.

(2.) THIS application is for quashing of the First Information Report giving rise to Siwan (Town) P.S. Case No. 117 of 2001 dated 29.7.2001.

(3.) THE Chief Judicial Magistrate, Siwan directed for instituting the case under Section 156 (3) Cr. P.C. The Officer - in -charge of the concerned police station instead of instituting the F.I.R. reported to the C.J.M., Siwan that on the basis of the statement of Pradeep Kumar Dey, a case has already been instituted giving rise to Siwan Town P.S. Case no. 114 of 2000 on 25.7.2000 for which the accused has been arrested and he is in custody. The Chief Judicial Magistrate, Siwan again directed the Officer -in -charge of the concerned police station to draw up a formal F.I.R. and to register a case. Finally Siwan Town P.S. Case no. 117 of 2001 was instituted on 29.7.2001 for the offence under section 407 of the Indian Penal Code.