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2009 Supreme(Pat) 1520

SAMARENDRA PRATAP SINGH
Gulab Yadav Son Of Jagdish Yadav – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. In the instant application the petitioners pray for quashing the order dated 11.10.2001, passed in G.R. No. 46/99 by S.D.J.M., Birpur, whereby he has taken cognizance of offence under Sections 147, 148, 307, 504 of the Penal Code and Section 27 of the Arms Act and summoned the petitioners to face trial and also the order dated 31.5.2007 passed in Cr. Revision No. 180/01 whereby the revisional court refused to interfere with the order taking cognizance.

2. On the written statement of one Raghunandan Yadav, Raghopur P.S. Case No. 8/99 under Sections 147, 148, 380, 436, 307 and 504 of the Penal Code dated 28.1.1999 was registered against 21 named accused persons. The allegation was that all the accused persons armed with deadly weapons attacked the prosecution side, as a result of which quite a number of people sustained both firearm and other injuries. The police after investigation submitted charge-sheet no. 18 of 2001 dated 3.5.2001 under Sections 147, 148, 307, 504 of the Penal Code and Section 27 of the Arms Act against eight (8) F.I.R. named accused and one Shatrughan Sada, while keeping investigation against the rest of the 12 named accused persons pending.

3. The M



















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