Heard Sri N.K. Agrawal, learned Senior Counsel, who was assisted by Sri Diwakar Upadhyaya, learned counsel for the petitioner and Sri Sanjay Kumar, learned Addl. Public Prosecutor.

2. 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 31.03.2001 and entire criminal proceeding arising out of Kotwali P.S. Case No.452 of 1999, G.R.No.1757 of 1999 ( District Bhagalpur) passed by the learned Chief Judicial Magistrate, Bhagalpur. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offence under Section 188 of the Indian Penal Code.

3. Short fact of the case is that the petitioner, who was at the relevant time M.L.A. from Bhagalpur, was made accused in Kotwali P.S. Case No.452 of 1999 on an allegation that the petitioner along with mob had entered into the premises of Kotwali Police Station and demanded for release the “Toran Dwar”, which was seized by the police and he also gave speech and on that accusation, the case was instituted and finally charge-sheet was submitted for the offence under Section 188 of the Indian Penal Code in the year