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S.N.MISHRA
Mohan Choudhary – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

S.N. Mishra, J. - In this application, the petitioner has prayed for quashing of the investigation in Biraul PS case No. 56 of 1995 initiated on the basis of FIR for offences punishable under Section 302 and other ancillary sections of the Indian Penal Code including Sections 3 (1) and 3 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Admittedly, after usual investigation final form has been submitted and on the basis thereof cognizance was taken of the offences punishable under Section 302 and other ancillary sections of the Indian Penal Code including Sections 311 and 3/2 of the Scheduled Castes and Scheduled Tribes- (Prevention of Atrocities) Act. 1989 as stated above and the case was committed to the Court of Sessions.

3. Having regard to the facts stated above the prayer for quashing the investigation has become infructuous since the final form has already been submitted and the case has been committed to the Court of Sessions. Mr. Shukla learned Sr. Advocate appearing on behalf of the petitioner has then challenged the order of taking cognizance of an offence punishable under the provision of Scheduled Castes and Scheduled Tr

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