BIR BAHADUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for quashing the order dated 15.6.2004 passed by the Chief Judicial Magistrate, East Champaran, at Motihari in N.F. No. 21 of 1996 whereby and whereunder learned Chief Judicial Magistrate has rejected the show -cause filed by the petitioner and took cognizance of offence under Sections 182 and 211 of the I.P.C. against the petitioner.

(2.) THIS petitioner lodged Kesaria P.S. Case No. 70 of 1995 under Sections 3 and 4 of the Explosive Substance Act wherein he has stated that one Pramod Kumar Singh @ Drona Kumar Singh exploded bomb in front of his house to threaten him. The Investigating Officer recovered the materials showing the use of explosive substance from the place of occurrence. Apprehending that the police will submit final report the petitioner filed a protest petition before the learned Chief Judicial Magistrate. 1/1/2013 Page 274 Kapildeo Singh Versus State Of Bihar

(3.) ON the basis of the final report since permission for initiation of proceeding under Sections 182 and 211 I.P.C. was sought the petitioner was asked to show -cause wherein with reference to several paragraphs of the case diary, statements of the witnesses were quoted, stating that the offence under Sections 3/4 of the Explosive Substance Act was made out. The said show -cause was rejected and cognizance was taken under Sections 182 and 211 of the I.P.C. against the petitioner.