A CHANDESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filled under Section 482 of the code of Criminal Procedure, 1973 (hereinafter referred to as the code) for quashing the order dated 23.2.2004 passed by Sri Manoj Kumar Tiwary, J.M. Ist class, Danapur in Complaint case No. 44 (C) of 2004 by which he has found a prima facie case against the petitioners to proceed with offence under Section 307 of the Indian Penal Code and has directed for insurance of (SIC) against them.

(2.) LEARNED Counsel for the petitioners submitted that with respect to the same incident another case has been filed viz. Bikram (Dulhin Bazar) P.S. Case No. 134/2003 under Sections 341, 307/34 of the India Penal Code and Section 27 of the Arms Act. The informant of the said case is one Hiralal Yadav and the case has been filed against Dudheshwar Bind alias Sidheshwar Bind and Raj Kishore Bind (who are not accused of the present complaint case). LEARNED Counsel, therefore, submitted that a when for the offence already been filed which was investigated by the police and chargesheet has also been filed against the two accused persons of the case, filling of a complaint case against the petitioners, six in number, is nothing else by an abuse of the process of the court and the order taking cognizance in the case by the learned Judicial Magistrate is illegal and the same is fit to be set aside.