Power of the High Court under Section 482 of the Code of Criminal Procedure has been invoked for quashing the order dated 9.3.2007 passed by the 1st Additional Sessions Judge. Siwan in Sessions Trial No.281 of 2006, which has arisen out of Maharajganj P.S. Case No.14/2000. By the impugned order the prayer made for discharge of the petitioner under Section 227 of the Code of Criminal Procedure stands rejected and a date was fixed for framing of charge against him.

2. The origin of the present criminal proceeding was lodging of an F.I.R, by the informant on 17.2.2000, which is Maharajganj P.S. Case No. 14/2000. The allegation is that on 17.2.2000, the election for the Bihar Assembly was going on, Informant's brother, namely, Damodar Singh, was contesting the assembly election as an independent candidate, On the date of the incident his brother, namely, Bharat Singh (deceased) was sitting in the election office when he received information about some bogus voting at a particular booth, subsequently, he heard a bomb explosion at about 11.30 and he decided to proceed to the place. The informant reached the place on a jeep and his brother, Bharat Singh, followed him on a motorcycle. Thereafter it is alleged that some boy had sustained bomb injury and had been rushed to Maharajganj State Hospital they decided to visit the hospital, gave Rs, 500/- for treatment to the boy and when they were leaving the premises, petitioner, Uma Shankar Singh, who was a candidate of Samta Party in the assembly election, his son, Jitendra Swami accompanied with some unknown persons arrived at the place variously armed. On the order of Uma Shankar Singh, Jitendra Swami pulled down Bharat Singh (deceased) from the motorcycle, pushed him into a car and drove him away to an unknown destination. Initally the F.I.R. in question was lodged under Section 364/34 of the Indian Penal Code but since body of Bharat Singh was found soon thereafter the police also instituted case under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act

3. The matter, it seems, rasied a lot of heat and dust. After certain amount of pulling strings here and there, matter which was initially investigated by the police was later transferred to the C.I.D. The informant, Vijay Singh, getting unnerved by the decision of the State Government decided to challenge the said decision of handing over the investigation to the C.I.D. by filing a Criminal writ bearing Cr. W.J.C. No. 288/2000. The matter came to be heard and disposed of vide order dated 9.4.2001, which is quoted hereinbelow:-

"It appears that fight is in between the two political heavy weight and perhaps for that reason there is allegation of partisan of police and CID by each other in respect of rival political heavy weight. In such circumstances, when already investigation has been done or is to be done or completed by the CID and when no stay order passed by this Hon'ble Court then better course is that the investigation report as contemplated under Section 173 of the Code of Criminal Procedure must be filed both by the general Police and also by the CID and it must be left to the Chief Judicial Magistrate concerned to act over those two reports.

In that way, it is hereby directed to the CID and the Superintendent of Police, Siwan to submit their reports to the concerned Chief Judicial Magistrate within a period of two months from this date and on such reports being submitted under Section 173 of the Code of Criminal Procedure, the Chief Judicial Magistrate shall proceed according to law after consideration of both the reports of case diaries.

This petition is disposed of accordingly."

4. By virtue of the High Court's order investigation continued both by the C.I.D. and the police and they decided to file a final form against the petitioner though some other accused were charge-sheeted. The Court is not surprised for above development looking at the high profile status of the petitioner and the background under whi