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1987 Supreme(Pat) 32

S.N.JHA
Maso Khan – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioner: Mr. Nawal Kishore Pd. Singh.
For the State: Mr. F.A. Khan.
For O.P. Nos. 2 to 8: Mr. Durgesh Nandan.

JUDGMENT :

S.N. Jha, J.

This application has been filed for quashing an ORDER :dated 3.12.1985 passed by the Sub-divisional Judicial Magistrate whereby he has stayed the further proceeding of Imamganj P.S. Case No. 25/85 registered under sections 147, 148, 149, 342 and 302/34 of the Indian Penal Code on 11.5.85 against the O.P. nos. 2 to 8 and directed the Addl. Public Prosecutor to hand over the case diary to the Inspector of Police of Criminal Investigation Department (C.I.D.) for making further investigation into the case.

2. The facts which led to filing of this application, in short, are that on the basis of a fardbeyan given by the petitioner, the aforesaid Imamganj police case was registered. The police after full investigation submitted charge-sheet against the accused persons i.e. o.p. nos. 2-8.

3. On the basis of the aforesaid charge-sheet, the learned Sub divisional Judicial Magistrate took cognizance of the offence and issued processes against o.p. nos. 2-8 vide ORDER :dated 24.8.85 which is annexure-1 appended to this application.

4. It appears that the State Government directed the Criminal Investigation Department to make further investigation into the matter and on 30.11











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