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2012 Supreme(Pat) 849

ASHWANI KUMAR SINGH
Ram Prakash Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Shakil Ahmad Khan, Sr. Adv. and Mr. S.B.K. Mangalam, Adv.
For the State : Mr. Ajay Mishra, A.P.P.

JUDGMENT

Ashwani Kumar Singh, J.:- The sole petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘code’) and has prayed for quashing the order dated 9.11.2006, passed by the learned Additional Sessions Judge, F.T.C.-III, Katihar, in Sessions Trial No. 21 of 2006, by which the petition filed on behalf of the petitioner under Section 227 of the Code to discharge him from the case has been rejected.

2. Heard Mr. Shakil Ahmad Khan, learned senior counsel for the petitioner and Mr. Ajay Mishra, learned A.P.P. for the State.

3. The aforesaid sessions trial arises out of Katihar (Mufassil) P.S. Case No. 208 of 2005 dated 19.5.2005 which was initially registered under Sections 147, 148, 149, 114, 115, 307, 326, 332, 333, 337, 338, 353, 186 and 188 of the Indian Penal Code. Subsequently, in course of investigation on the requisition made by the police, Section 302 of the Indian Penal Code was also added in the F.I.R.

4. The FIR was instituted on the basis of written report submitted by one Umesh Chandra Bishwas, the Block Development Officer-cum- Circle Officer, Katihar to the Officer-in-Charge, Mu



















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