JUDGMENT :

Heard Mr. Radhey Shyam Sharma, learned counsel for the petitioner and Mr. Anjani Kumar, learned AAG-4 along with Mr. Jharkhandi Upadhyay, learned A.P.P., for the State.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) for the following relief:

“That, this petition is for setting aside the order dated the 25th July 2014 passed by the Learned C.J.M., Bhagalpur in Complaint Case no. 590 of 2008 by which the petitioners case has been dismissed u/s 203 of the Cr.P.C.”

3. The issue relates to an incident of 18.01.2008 in the city of Kahalgaon in the district of Bhagalpur which led to police firing resulting in death of two persons. As per the allegation in the complaint, the then District Magistrate, Bhagalpur; the then Superintendent of Police, Bhagalpur and the General Manager of N.T.P.C., Kahalgaon were at the place of occurrence and had ordered for shooting, on which the Superintendent of Police is alleged to have shot one Subul in the head and when Basudeo Paswan came to his rescue, the Superintendent of Police, Bhagalpur also shot at him which hit him in the hand. It was further alleged t