(1.) The two petitioners, who are not named in the F.I.R. but whose names cropped up subsequently in course of investigation, have filed this application for the quashing of the order dated 27.10.2007 passed by the learned Chief Judicial Magistrate, Buxar, whereby he has taken cognizance against the petitioners under Section 188, 384, 420 and 120B I.P.C., as also Sections 25(1-B)a, 26, 35, 29 and 30 of the Arms Act in connection with Koransarai P.S. Case No. 42 of 2006, G.R. No. 1847 of 2006.
(2.) The aforesaid case was initially registered under Section 188 I.P.C. and Sections 25(1-B)a, 26 and 35 of the Arms Act against the five persons named in the F.I.R. on the basis of the self-statement of Sub Divisional Police Officer of Dumraon, Sunil Kumar, given at 8.30 A.M. on 12.11.2006. According to the informant while he along with the Sub Divisional Officer, Dumraon and a police party were moving around Dumraon, Subdivision in order to look after the law and order situation in the area, where Section 144 Cr.P.C. had been promulgated due to ensuing bye-poll of the Panchyat. They suddenly spotted a grey coloured Scorpio, bearing Registration No. DL-9CG-9596 with dark window panes moving towards Koransarai and as the informant and his men tried to stop the vehicle, it tried to speed away but was stopped on chase near Koransarai Police Station with the help of the police personnel of that Police Station. It is alleged that on search the driver along with a police personnel was found sitting in the front seat whereas a police man with two others were found sitting in the back seat, who on being questioned disclosed their identity as security guards provided by the Government to M.L.A., Dadan Yadav. Two Government Carbines and 9 M.M. bullets were also recovered from the two bodyguards, whereas two other rifles along with some bullets were recovered from the possession of the two persons sitting in the back seat, who on demand failed to show any documents authorizing them to possess the arms. Two Nokia Mobile phones and one rifle licence and about 500 pieces of hand-bills of Prajatantrik Lok Dal were also recovered and from the dash-board of the vehicle, a Smart Card of the vehicle was recovered disclosing the name of Satish Chandra of New Delhi as the owner of the vehicle. All the materials recovered except the Carbines and magazines thereof purportedly issued by the Buxar Police Lines were seized under a seizure list in presence of the Sub Divisional Officer and Anchal Adhikari, Buxar and a copy each thereof was handed over to the accused persons, whereas the government arms and ammunitions were handed over to the police.
(3.) It appears that the name of the petitioners appeared in the case diary for the first time on 15.3.2007 when the Investigating Officer received a requisition for the two rifles recovered indicating that they belonged to Usha Singh, petitioner No. 2, the wife of Dadan Singh, who was in possession of valid licence for the same.