MAHADEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS application under sec. 482 Cr.P.C. has been filed to quash the order dated 12.9.2006 passed by Assistant Sessions Judge, Patna City in Sessions Trial No. 558 of 1995 thereby and thereunder he has rejected the petition dated 15.2.2003 filed by the petitioners for prosecution of the opposite party nos. 2 and 3.

(3.) IN course of the trial, one Baleshwer Yadav S/o Mukhali Yadav @Kali Yadav was produced before the court for examination. Immediately a petition dated 16.1.2001 was filed on behalf of the defence/petitioners alleging therein that the witness is imposter and not the real Baleshwa Yadav S/O Late Kali Yadav. Baleshwar Yadav who was examined by the police in course of investigation has already died. Prayer was already made to prosecute both Baleshwar Yadav as well as the informant who are opposite party nos. 2 and 3. As a result Baleshwar Yadav, opposite party no. 3 was not examined. The matter was enquired by the police. The police vide its report dated 20.1.2001 reported that Baleshwar Yadav, son of Late Kali Yadav had already died a year before. The opposite parties filed rejoinder alongwith certificate of Mukhiya to show that Baleshwar Yadav, son of Kali Yadav who died was a person of another village and not of the village in question.