MITHILESH KUMAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under section 482 of the Code of Criminal Procedure for quashing the order dated 30.7.2002 passed by the 4th Additional Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 505 of 1998 by which he has rejected the prayer of the petitioners to discharge them under the provisions of Section 227 Cr.P.C.

(2.) HEARD .

(3.) LEARNED counsel for the petitioners submitted that the informant is not an eye witness to the occurrence and according to the F.I.P.. he came to know the names of the petitioners from constables Nawai Ram and Md. Arif Masood but they were not examined by the I.O. during investigation. He further submitted that during investigation no witness has claimed to have identified the petitioners.