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1995 Supreme(Pat) 269

P.K.DEB
Mohd. Sami – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. The order dated 9.9.1987 passed by Shri A.K. Sinha, Sub-Divisional Judicial Magistrate, Chatra in Chatra P.S. Case No. 59 of 1987 corresponding to G.R, Case No. 237/87 has been sought for quashing under Sec. 482 Cr.P.C.

2. By the impugned order, the report submitted by the police has been accepted and on the basis of the recommendations made by the Investigating Agency, cognizance has been taken by the Magistrate concerned to prosecute the petitioner under Sec. 182/211 IPC in non F.I.R. No. 3/87 and notices were issued to the petitioner to stand trial far the same.

3. The facts are very simple. In the month of May, 1987 the petitioner was working as Range Officer in Chatra Division of the Forest Department and in course of his duty, he came to know at about 1.00 A.M. in the night between 28th and 29th May, 1987 from an employee of the Forest Department that some unknown persons had set fire to the Kendu leaves assembled there in the jungle and in that connection be went there to enquire about the same and he came to know that 15 unknown persons had set fire. On the basis of that information, an F.I.R. was lodged by the petitioner to police on 29.5.1987, and a



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