SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the aforesaid applications were heard individually and the same are being disposed of by this common order for the reason that in all the applications, the main order, which is under challenge, is order of cognizance dtd. 2/5/2017 passed by the learned Railway Judicial Magistrate, Patna in Rail Police Force P.S. Case No. 1693 of 2014/CIS No. 3197(C) of 2014.

(2.) The petitioners and several others named and unknown were arrayed as accused in connection with the aforesaid police case with allegation that on 28/2/2014 about 100-125 people, having allegiance to a particular political party, had reached near the Sachivalaya Halt, Railway Station, to obstruct the railway movement. The informant, who is the Sub-Inspector of Police, Sachivalaya Police Station, arrested some of them to frustrate the chances of obstruction in railway traffic.

(3.) The petitioner of Cr. Revision No. 909 of 2018 challenged the order of cognizance dtd. 2/5/2017 directly before this Court and the petitioners of Cr. Misc. No. 54783 of 2018 challenged the same order passed, on 2/5/2017, in an application under Sec. 482 of the Code of Criminal Procedure (in short the " Cr.P.C ."), directly before this Court whereas the petitioners of Cr. Misc. No. 54342 of 2018 had challenged the cognizance order dtd. 2/5/2017 before the learned Sessions Judge, Patna in Cr. Revision No. 300 of 2018 and after dismissal of the criminal revision aforesaid on 4/8/2018 by the learned 4 th Additional Sessions Judge, Patna, the aforesaid criminal miscellaneous was filed, under Sec. 482 of the Cr.P.C, praying therein for quashment of order of the revisional court dated 08.2018 as well as cognizance order dtd. 2/5/2017.