ASH NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The five petitioners, who are arrayed as accused in Complaint Case No. 1009(C) of 2003, have prayed for the quashing of the order dated 29.1.2005 passed therein by the learned Chief Judicial Magistrate, Bhojpur at Ara, whereby he has taken cognizance under Sections 395 and 412, IPC, as also Section 27 of the Arms Act against all the petitioners and the consequential order dated 28.7.2005 passed by the learned Presiding Judge, F.T.C. No. V, Bhojpur at Ara, whereby while dismissing the revision he has approved the order dated 29.1.2005 passed by the learned Chief Judicial Magistrate, Bhojpur at Ara. An additional prayer has also been made for quashing the entire criminal proceeding pending in the Court of the learned Presiding Judge, F.T.C. No. II, Bhojpur at Ara with respect to Sessions Trial No. 57 of 2006 arising out of Ara (Mufassil) P.S. Case No. 73 of 2003.

(2.) It appears that the same set of petitioners had earlier filed Cr. Misc. No. 45894 of 2006 on 3.11.2006 with identical prayer and the same on a prayer being made by the learned counsel for the petitioners that the application had become infructuous was dismissed as withdrawn vide order dated 21.12.2006.

(3.) The present application has been filed with similar prayer on the ground that a compromise had been entered into between the parties, but the same could not be brought on record of Cr. Misc. No. 45894 of 2006, and as such, the complainant was not adhering to the terms of the compromise.