ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and also learned Counsel for the complainant opposite party No. 2.

(2.) By this application, the petitioner has prayed for quashing the order taking cognizance dated 9-11-1991 passed by the learned Additional Chief Judicial Magistrate, Banka in complaint case No.C 59/90 under Sections 147, 148, 149, 302 and 436 of the Indian Penal code.

(3.) The brief facts giving rise to this application are as under: The opposite party No. 2 filed a petition of complaint in the Court of the Additional Chief Judicial Magistrate, Banka stating therein, inter alia, that on 15-11-1989 at 6O clock a mob consisting of Muslims came towards his village armed with lethal weapons including bomb and fire-arms and they also started exploding bombs and firing from their fire-arms and seeing the mobs the villagers started fleeing away and in the meantime, the petitioner along with 25 armed police forces came there and at the be best of the petitioner, the armed forces opened fire on the villagers as a result of which his son and another villager sustained injuries and they succumbed to the injuries and the complainant learnt that for death of his son, first information report has already been lodged by the petitioner in Amarpur police station.