MD.RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is one the FIR named accused of Rosera P.S Case No. 78 of 1995 for quashing of the order dated 23.11.2002 passed therein by the learned Additional Chief Judicial Magistrate, Rosera, whereby he has taken cognizance of offences allegedly for the second time under Sections 307/34, IPC, 27 of the Arms Act and 3/4 of the Explosive Substances Act against the petitioner. Further, prayer has been made for quashing of the entire criminal proceedings arising therefrom.

(2.) It is an admitted fact that Rosera P.S. Case Nos. 78 of 1995 and 79 of 1995 were registered for the same occurrence. The learned Additional Chief Judicial Magistrate, Rosera, by an order dated 11.7.1995 directed that Rosera P.S. Case No. 79 of 1995 be amalgamated With Rosera P.S. Case No. 78 of 1995 and directed the Investigating Officer of the case to investigate and submit final form only in one case i.e., Rosera P.S. Case No.78 of 1995 as Rosera P.S. Case No. 79 of 1995 was subsequent to Rosera P.S. Case No. 78 of 1995 as registration of more than one case on the basis of same First Information Report did not appear to be proper in the eye of law.

(3.) IN Rosera P.S. Case No.78 of 1995 charge -sheet was submitted, whereafter cognizance was taken and case committed to the Court of Sessions after supplying the documents on 16.3.2000. Subsequently, a final form was submitted in Rosera P.S. Case No. 79 of 1995 adding Sections 307/34, IPC alongwith other sections which is part and parcel of the earlier case and order is under challenge.