ANAND KUMAR KHATRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application by the petitioner has been filed for quashing the order dated 27.9.2002 of the learned CJM, Jahanabad, passed in Trial No. 1323 of 2002 so far it relates to petitioner whereby and where -under the petitioner along with others has been summoned for appearance and for quashing the entire prosecution against the petitioner in Arbal PS Case No. 58 of 1996, dated 1.5.1996.

(3.) LEARNED counsel for the petitioner submits that petitioner was shown mere suspect in the charge -sheet and he was not sent up for trial but still cognizance against him was taken by the CJM by order dated 27.9.2002 which is not according to law because learned CJM did not assign any reason for taking cognizance against the petitioner. It is further submitted that in the FIR only suspicion has been raised against the petitioner and during investigation no material came forward against the petitioner and during investigation only this much came to the light that deceased had arranged a party and the witnesses who attend the party and who are having their shops near the place were party was arranged, in their statements which have been recorded in paras 8 to 55 of case diary, have stated that petitioner did not attend the party organised by deceased and he was not among the persons who had taken the deceased to a place for taking toddy and to a doctor and also to the village home of the deceased. It is further submitted that in the entire case diary only in the supervision note of Dy. SP it is stated that dead body of deceased was kept in the house jointly owned by the petitioner, Panna Lal Khatri and Sanjay Lal Khatri where deceased used to live as their tenant and no information to the police about the death of deceased on the morning of next day was given, therefore, they came within the circle of suspicion but then in the supervision note it is further submitted that except this there is no evidence against them (Annexure -7).