ASBAD ALI @ ASAD ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner , one of the F.I.R. named accused of Shikarpur P.S. Case No.43 of 2005, has prayed for the quashing of the order dated 10.7.2007 passed therein by the learned Chief Judicial Magistrate, West Champaran at Bettiah, whereby he has rejected the discharge petition dated 1.2.2007 filed by the petitioner.

(2.) It has been submitted on behalf of the petitioner that he is innocent, had committed no offence and had been falsely implicated in this case at the instance of his enemies. In this connection it was submitted that the petitioner and his brother are supporters of Lok Janshakti Party and it was at the instance of the supporters of RJD Party with the connivance of the local police that they had been falsely implicated.

(3.) It was further submitted that although arms and ammunitions were not recovered from his possession yet the learned Magistrate had taken cognizance and had mechanically and without applying his mind rejected his petition for discharge.