P. S. Sahay, J.

This application is for quashing the police Investigation of Kotwali P.S. Case no. 17(6)74 and also for a direction to the Chief Judicial Magistrate, Patna (respondent no. 4) not to proceed with the case.

2. In order to appreciate the points raised in this application it will be necessary to state some facts. On 5th June, 1974 on the statement of respondent no. 5 a case under sections 120 (B), 307 and 324 of the Indian Penal Code and sections 25 (a), 26 and 27 of the Arms Act was registered against the petitioner and others which gave rise to Kotwali P. S. Case no, 17(6)74. A copy of the First Information Report has been filed along with the application marked Annexure 1. According to this report, a procession of the Chatra Sangharsh Samiti was passing, and some people fired on the procession causing injury to some persons who were going in the procession. The petitioner and others were arrested in connection with the aforesaid case, and, after investigation charge-sheet was submitted in the case on 3.8.1974 against them. A copy of the same has been filed along with the application marked Annexure 2. After cognizance was taken the case was pending before the C