Rakesh Kumar and J JJ.

1. The sole petitioner, while invoking inherent jurisdiction of this Court under Sec.482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 23.11.1998 passed by Sri A. A. Gauri, learned addl. Chief Judicial Magistrate, Shekhpura in G. R. No.291 of 1998 (Barbigha P. S. Case No.132 /98 ). By the said order, the learned Magistrate has refused to take cognizance of the offences in the said case and the learned court virtually had accepted the final report submitted by the police.

2. The short facts of the case is that the petitioner had given a written information to the Officer Incharge of Barbigha (Shekhopur Sarai ) Police Station alleging therein that on 30.4.1998, Opp. Party nos.2 to 24 had committed theft by way of fishing the fishes from a pond which, according to the petitioner, was settled in his favour. It was also alleged that while committing offence, firings were also made. Accordingly, on the said written report of the petitioner, an F. I. R. vide Barbigha ( Shekhopur Sarai) P. S. Case No.132 of 1998 was registered on 1.5.1998 for the offences under Sections 144,447,379 of the Indian Penal Code and 27 of the Arms A