(1.) Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Maya Nand Jha, learned Additional Public Prosecutor for the State.
(2.) This application under Section 482 of the Code of Criminal Procedure (for short "the Cr.P.C.") has been filed by the petitioner for quashing the order dated 05.08.2016 passed by the learned Sub Divisional Judicial Magistrate, Begusarai in Bakhri P.S. Case No.232 of 2014 by which finding a prima facie case to be made out under Section 25(1-B)(a) and 26 of the Arms Act the petitioner has been summoned to face trial.
(3.) Mr. Ajay Kumar Thakur, learned counsel for the petitioner submitted that institution of the first information report (for short "the FIR") itself is bad in law as the same amounts to second FIR in respect of same incident for which the FIR was already registered earlier. He submitted that since the entire investigation conducted by the police after institution of the second FIR was bad in law, the learned Sub Divisional Judicial Magistrate ought not to have taken cognizance of the offence and summoned the petitioner to face trial.
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