RAIJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS application has been filed for quashing the order dated 30.8.2004 passed by the learned Chief Judicial Magistrate, Madhepura, in G.R. No. 61/2004 arising out of Singheshwar PS. Case No. 7/2004 whereby he has been pleased to take cognizance under Sections 147, 148, 149 323, 504, 447, 448, 379 and 380 of the Indian Penal Code and Sec.27 of the Arms Act against the petitioner and others.

(3.) LEARNED Advocate of the Opposite Party No. 2 has submitted that the petitioner has come under the provision of Sec. 482 Cr.P.C. and there is decision of the Apex Court that this court can interfere in the order of taking cognizance only in rarest of rare cases and only when the court comes to the conclusion that on plain reading of the complaint or F.I.R. no offence is made out. In support of his argument, learned Advocate of the O.R No. 2 has placed reliance upon the decision reported in (1996)8 SCC page 164 (State of Bihar vs. Rajendra Agrawalla).