VIVEK RANJAN @ CHUCHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by one of the FIR named and charge -sheeted accused of Motihari (Town) P.S. Case No. 324 of 2005 is for the quashing of the order dated 27.8.2007 passed by the learned Sessions Judge, East Champaran at Motihari, in Criminal Revision No. 231 of 2007, whereby while dismissing the said revision he has upheld the order dated 26.4.2007 passed in the said police case by Sri P. Trivedi, Judicial Magistrate, First Class, Motihari, whereunder he had dismissed the discharge petition filed by the petitioner under Section 239, Cr PC.

(2.) The prosecution case is based on the written report submitted by Priya Ranjan, the S.I. of Chhatauni P.S. on 27.10.2005. According to him earlier that day he along with other police personnel was busy collecting information in respect of criminals and in course thereof when he reached near the office of the Sub -Divisional Education Officer at around 6 p.m. he saw three persons who on seeing the police party, took their heels. They were apprehended on chase and on being questioned in the presence of witnesses disclosed their names, parentage and their addresses. On search a Nokia mobile set with mobile No. 9431467290 was recovered from the possession of the petitioner and from the possession of accused Sharat Chandra a country made pistol loaded with a .315 bullet and a Nokia mobile set with No. 9431604580 were recovered and as they, on demand, could not produce any documents therefor, the articles were seized under seizure lists in the presence of witnesses. On query being made all the three are alleged to have stated jointly that they had jointly purchased the said pistol for Rs. 1500/ - from one Biraj Kumar who runs the telephone booth opposite the petrol pump adjacent to the Town Police Station.

(3.) ON the basis of the said written report the police case was registered under Sections 414/34, IPC and Sections 25(1 -B) -A, 26 and 35 of the Arms Act against the three apprehended persons and Biraj Kumar.