BIRENDRA PRASAD SINGH @ POPLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 21.2.2004 passed by the Assistant Sessions Judge, Bhagalpur in S.Tr. No. 683/2002 by which the petition filed by the petitioner before the Trial Judge for his discharge has been rejected.

(2.) LEARNED counsel for the petitioner submitted that no witness in the case diary supported the case of the prosecution as against the petitioner including one Subhash Prasad Singh from whom the informant is said to have got knowledge of the incident mentioned in the F.I.R. Learned counsel submitted that not a single witness has taken the name of the petitioner during investigation.

(3.) LEARNED counsel appearing for O.P. No.2 and the learned A.RR for the State opposed the prayer and submitted that four witnesses were examined under Sec.161 Cr.P.C. and they have supported the complicity of the petitioner.