DR. AZHAR HASSAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 21.11.2009 passed by learned Chief Judicial Magistrate, Patna in Pirbahore P.S. Case No. 169 of 2009 whereby the court below found prima-facie case against the petitioner and other accused persons for the offence under Sections 341 and 323/34 of Indian Penal Code.

(2.) It has been submitted by the counsel for the petitioner that he is not named in the First Information Report. In the entire case, there is no murmuring of his name by any of the witnesses. The police has submitted charge sheet against the petitioner merely stating that he learnt about the name of the petitioner from one Guptchar. He has further submitted that the case is pending in the lower court since 2009. The substance of accusation was explained to the accused on 17.01.2014 for offence under Sections 341, 323/34 of the Indian Penal Code. Thereafter, not a single witness has been examined.

(3.) The learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in the matter of Kadra Pahariya & ors v. State of Bihar & ors., reported in 1991 (2) PLJR (SC) 85, wherein the reference was made about the affidavit filed by the State Government in the Supreme Court for withdrawal of those cases which do not warrant punishment for more than five years and which are pending in different courts for five years or more and which do not involve any public policy.