SAFAL KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 18.07.2012 passed by the Judicial Magistrate, 1st class, Bettiah, West Champaran, in Shikarpur P.S. Case No.13 of 2004 by which the learned Magistrate has rejected the discharge petition filed by the petitioner under Section 239 Cr. P. C. for his discharge.

(2.) Counsel for the petitioner has submitted that Raman Kumar Mishra, who is beneficiary in this case, as well as the petitioner are own step brother. It has further been submitted that no offence is made out in this case on the basis of allegation made in the written report. The police after investigation submitted final report in the case showing the petitioner innocent, but the Court blow after differing with final report has taken cognizance. Thereafter, petitioner has filed petition under Section 239 Cr. P.C. for his discharge, which was rejected by the learned Court below.

(3.) Counsel for the petitioner further submits that petitioner and his step brother, Raman Kumar Mishra, have entered into compromise, which is annexed as Annexure-2.