BHARGESHWAR BANNERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the entire criminal proceeding including the order dated 7.4.1998 passed by Smt. Rita Mishra, Judicial Magistrate, Patna in Kankerbagh PS. Case No. 98 of 1997 whereby and whereunder the prayer for discharge made on behalf of the petitioner has been rejected.

(2.) THE prosecution case, in short, is that on 26.2.1997 at about 7.45 PM the Police party in course of patrolling reached near Corporation Office at Arya Kumar Road and found that there was Traffic Jam. It has been alleged that an Ambassador Car bearing registration no. BR -1E 6983 was parked in the middle of the road on the wrong side which was the cause of Jam. The driver was called upon and on being asked replied that owner of the Car is petitioner Bhargeshwar Banerjee and it is he who has ordered to park the Car on the western portion of the Pitch Road. It is said that in the meantime, the petitioner also arrived and when being asked to remove the vehicle from that place he refused to do the same.

(3.) AGAINST the said order dated 7.4.1998 the petitioner has filed the present application for quashing.