Shashi Bhushan Sharma vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 112

RAJIV ROY
Shashi Bhushan Sharma – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Ritvik Thakur, Adv.
For the Opp. Party : Mr. Anil Kumar Singh 1, APP.

Rajiv Roy, J. – Heard learned counsel for the petitioner and the State.

2. This is an application for quashing of the order dated 2.4.2015 passed by the learned Additional Chief Judicial Magistrate, Muzaffarpur in Bela P.S. Case No. 27 of 2014 by which the learned Magistrate rejected the application filed by the petitioner under Section 451 of Code of Criminal Procedure for releasing the vehicle i.e. Pick Up Van bearing Registration No.-BR 06GB-1999 as well as the revisional order passed by the learned Sessions Judge, Muzaffarpur in Criminal Revision No. 57 of 2015 dated 12.5.2015 by which the learned Sessions Judge rejected the revision application filed by the petitioner against the order of learned Additional Chief Judicial Magistrate. The petitioners further prays for grant of any other relief or reliefs for which he is entitled thereto.

3. As per the prosecution story, the allegation has been made that the informant was working as a ‘chowkidar in Sanjay Foundry Factory which was closed and on 25.10.2014, in the night, after locking the factory, he was talking with some people when it is alleged that 10-11 boys aged about 20-25 years covering their face came inside the factory an