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2007 Supreme(Pat) 658

SADANAND MUKHERJEE
Bir Bahadur Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sadanand Mukherjee, J.

1. This is an application for quashing the order dated 15.6.2004 passed by the Chief Judicial Magistrate, East Champaran, at Motihari in N.F. No. 21 of 1996 whereby and whereunder learned Chief Judicial Magistrate has rejected the show-cause filed by the petitioner and took cognizance of offence under Sections 182 and 211 of the I.P.C. against the petitioner.

2. This petitioner lodged Kesaria P.S. Case No. 70 of 1995 under Sections 3 and 4 of the Explosive Substance Act wherein he has stated that one Pramod Kumar Singh @ Drona Kumar Singh exploded bomb in front of his house to threaten him. The Investigating Officer recovered the materials showing the use of explosive substance from the place of occurrence. Apprehending that the police will submit final report the petitioner filed a protest petition before the learned Chief Judicial Magistrate.

3. The police in collusion with the accused persons submitted final report wherein the occurrence was shown as true but the allegation against the accused persons was shown as false. The police recommended initiation of proceeding under Sections 182 and 211 of the I.P.C. against the petitioner. It is submitted








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