SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is an application for quashing the order dated 15.2.2006 passed by the Chief Judicial Magistrate, Bhagalpur in P.S. Case No. 90 of 2004, by which he has rejected the petition dated 6.2.2006 for allowing the prayer to be represented through lawyer to reply the accusation under Sec.251 of the Code of Criminal Procedure.

(3.) THE case of the prosecution is that on 5.4.2004 the police party found some flags and election propaganda papers, which are prohibited to be displayed at the relevant period, having been kept at places such as electric polls and telephone polls at the time of arrival of the petitioner who was Member of Parliament at the relevant time.