CHANDESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Section 482 Cr.P.C. has been filed to quashed the order of cognizance dated 19.7.2005 passed by Shri R.K. Prasad, Judicial Magistrate, Bhojpur, Ara in complaint Case No. 389 (C) of 2004 thereby and thereunder cognizance under Sections 341 and 323 I.P.C. has been taken against the petitioner.

(3.) Petitioner was then Officer-in-Charge of Krishna Garh Barhara P.S. Submission of the learned Counsel for the petitioner is that the entire prosecution is bad and illegal and it has been filed with ulterior and oblique motive to wreck vengeance. The real fact is that on the alleged date of the occurrence, the house of the opposite party No. 2 was searched by the petitioner and others and huge quantity of illegal fire arms and other illegal articles were recovered. The father of the opposite party No. 2 and others were taken into custody. On the self statement of the petitioner. Krishna Garh Barhara P.S. No. 41 of 2004 was registered against the father and others of the opposite party No. 2. The opposite party No. 2 was also taken into custody for interrogation and after interrogation he was released on the same day (Annexures 2 and 3 series).