JAGAT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the counsel appearing for the State.

(2.) This application has been filed in a peculiar circumstances for quashing the order dated 10.2.2003, passed by Chief Judicial Magistrate, Vaishali at Hajipur by which cognizance has been taken under Sections 147, 148, 307 and 427 of the Indian Penal Code.

(3.) Lalganj PS Case No. 59 of 1981 was instituted with regard to occurrence which took place on 4.1.1981 and after investigation charge-sheet was submitted being charge-sheet No. 85 of 1981 under Sections 147, 148, 307 and 427 of the Indian Penal Code. The matter remained pending for long 22 years and thereafter by order dated 10.2.2003 cognizance has been taken by the Chief Judicial Magistrate, Vaishali at Hajipur. It has been submitted by the counsel for the petitioners that the allegations which is made in the FIR do not make out an offence under Section 307 of the Indian Penal Code. It has also been submitted that the matter remained pending for long 22 years. Parties are gotias and they have also compromised the matter out of the Court and a compromise petition has also been filed before the Court concerned.