ABDUL SATTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order dated' 15 -3 -1986 passed by the Chief Judicial Magistrate, Hazaribagh in Case No. GR 2735/82 (Bishungarh P. S. Case No. 0163/82, dated 6 -12 -1982), whereby and whereunder the said learned court took cognizance of an offence under Section 147/148/149/337/323/325 and 302 of the Indian Penal Code.

(2.) The facts of the case lie in a very narrow compass.

(3.) On 6 -12 -1982, a first information report was lodged by one Samsuddin Ansari against 37 persons including the petitioners except petitioner Nos. 3 and 6, alleging therein that on that date at about 8.30 a.m. a procession of Chahallum led by the informant had been passing and at about 9 a.m. the said procession reach Thekwadih. It is further alleged that at that time, another procession led by the petitioner No. 1, came there and the petitioner No. 1 directed the members of the mob to assault and kill the members of the procession led by the informant.