SUDHIR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed u/s. 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 18.2.2003 passed by Sri Murlidhar, J.M. 1st Class, Nawadah in Trial No. 458 of 2002 by which he has rejected the prayer of the petitioner to discharge him.

(2.) HEARD learned Counsel for the petitioner, the Opposite Party and the learned A.P.P. for the State.

(3.) A petition thereafter was filed by the petitioner u/s. 245 of the Code before the Judicial Magistrate for discharging him. The learned Magistrate rejected the prayer giving reasons that the witnesses examined before the charge have supported the case of abduction and the points raised by the defence cannot be examined meticulously at this initial stage of the case. He found a prima facie case u/s. 365 of the Indian Penal Code for framing of charge against the accused persons of the case.