SHIV KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Section 482, Cr. P. C. has been filed to quash the order dated 13-3-2006 passed by Fast Track Court No. I, Aurangabad in Sessions Trial No. III of 2004/20 of 2005 thereby all the five petitioners have been summoned under Section 319, Cr. P. C. along with other accused persons. 2A. The facts of this case in brief is that on 10-6-2002 at 2.30 p.m. occurrence took place for a piece of land between the prosecution and accused party. In that very incident, two persons from the side of accused-petitioners were murdered. Both the parties lodged case against each other. The accused side lodged fardbeyan on the same day at 9.30 p.m. upon which the police registered case bearing No. 258 of 2002 under Sections 302, 307, 147, 148 and 149, I. P.C. against 14 persons (Annexure-2). Next day on 11-6-2002 at 9.00 p.m. one Budhni Devi from the side of the prosecution lodged fardbeyan before Mufassil P. S. upon which the police registered case bearing No. 260 of 2002 under Sections 147, 148, 149, 323, 324, 436, 427 and 307, I. P. C. against 19 persons from the side of the accused-petitioners.

(3.) The police investigated both the cases and ultimately submitted chargesheet in both the cases. In present case, the police submitted chargesheet only against 14 persons and final report against these petitioners showing them as innocent. Accordingly, the learned C. J. M. took cognizance against 14 persons and discharged these petitioners.