BIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petitions have been preferred by the petitioners under Sec. 482 Cr.PC. against the order dtd. 20/6/2015 passed by Shri Avinash Kumar, learned Judicial Magistrate, 1st Class, Madhepura, wereby the learned Magistrate has taken cognizance of offence punishable under Sec. 188 of the Indian Penal Code against seven accused persons including the petitioner.

(2.) The prosecution case as emerging from the written report lodged by the Block Development Officer, Gamhariya, dtd. 13/4/2011 is that on the application of Shri Bijendra Narayan Yadav, Election Agent, Janta Dal (United), Sub Divisional Officer of Madhepura, vide Memo No. 907-2 and 908-2 dtd. 16/4/2014 had given permission for holding general meeting at Khel ground, Aurahi, Ekparaha, Block - Gamharia, Distt. Madhepura, on 17/4/2014 between 4:00 PM and 4:50 PM. But the public meeting was continued even beyond the given time and despite prohibition, Helicopter was landed, which is violation of model code of conduct.

(3.) On the basis of the written report, Gamhariya P.S. Case No. 66 of 2014 was lodged against sole accused Bijendra Narayan Yadav. Subsequent to lodging of First Information Report, investigation commenced and after completion of investigation, charge sheet No. 33 of 2014 dtd. 30/5/2014 was filed and in pursuance of the charge sheet, learned Magistrate has taken cognizance by the impugned order.