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2010 Supreme(Pat) 1606

RAKESH KUMAR
Ganesh Pandey – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Rakesh Kumar, J.

1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 4.5.2000 passed by the Additional Sessions Judge V. Vaishali at Hajipur in Sessions Trial No. 220 of 1998 arising out of Vaishali PS Case No.170 of 1996. By the said order, the learned Additional Sessions Judge has rejected the petition filed under Section 227 of the Code of Criminal Procedure on behalf of the petitioner for his discharge.

2. Short fact of the case is that in the night on 4.12.1996 about 15 to 20 accused persons entered into the house of the informant and thereafter, killed the husband of the informant. At the time of occurrence, the informant wanted to save her husband however even she also received fire-arm injury and thereafter, a bomb was also thrown on her causing serious injury on her. On the basis of fardbeyan of Hadisan Khatoon, an FIR vide Vaishali PS Case No. 170 of 1996 was registered against about eight named accused persons. However, name of petitioner was not mentioned in the FIR. After investigation, in the month of July, 1997, charge-sheet was submitted aga









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