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2015 Supreme(Pat) 431

ASHWANI KUMAR SINGH
Atal Bihari @ Atal Bihari Rai – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kanhaiya Prasad Singh, Senior Advocate, M/s. Alok Kumar & Birendra Kumar Singh.
For the Opposite Parties: Mr. B.N. Pandey, A.P.P.

JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. This application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 15.01.2011 passed by the learned Chief Judicial Magistrate, Bhojpur in Sahar P.S. Case No. 75 of 2010 whereby cognizance has been taken against the petitioner under sections 341, 353, 504 and 506 of the Indian Penal Code.

3. Opposite Party No. 2 lodged a written report addressed to the Officer-in-charge of Sahar police station on 1.11.2010 alleging precisely therein, inter alia, that while he was on duty during election rally of Shri Lalu Prasad, the petitioner was moving in the crowd with a bag. When he was asked to show his bag, he got angry and when the petitioner was stated to go out of the field, he misbehaved and used inappropriate words. Thus, it was alleged that the act of the petitioner caused disturbance in the public duty. On the basis of the aforesaid written report, an F.I.R. vide Sahar P.S. Case No. 75 of 2010 dated 1.11.2010 was registered against the petitioner under sections 341, 353, 504 and 506 of the Indian Penal Code and investigation w

























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