SHEO NARESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for opposite party No. 2.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing the order dated 21.05.2016 passed by the learned Chief Judicial Magistrate, Sheikhpura in G.R. No. 956 of 2013, arising out of Sheikhpura P.S. Case No. 314 of 2013 whereby the application filed under section 239 of the Code of Criminal Procedure, 1973 seeking discharge from the case has been rejected.

(3.) The first information report of the aforesaid Sheikhpura P. S. Case No. 314 of 2013 is based on a Complaint Case No. 304C/2013 dated 25.07.2013 instituted by one Birendra Pandey which was referred to the police by the learned Chief Judicial Magistrate, Sheikhpura in exercise of power conferred under sub-section (3) of section 156 of the Code of Criminal Procedure, 1973 for investigation. The first information report was registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code on 03.10.2013.