JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Navneet Sahay, the learned counsel appearing on behalf of the petitioner, Mr. Prabhat Kumar Sinha, the learned counsel appearing on behalf of the O.P. No. 2 and Mr. Ravi Prakash, the learned counsel appearing on behalf of the respondent-State.

2. This petition has been filed for quashing of the entire criminal proceeding in connection with Bishunpura P.S. Case No. 31 of 2017, corresponding to G.R. No. 854 of 2017(S) registered for the offence under sections 147, 148, 302, 120B of the I.P.C. and section 27 of the Arms Act including the order taking cognizance dated 22.02.2020, pending in the court of learned Judicial Magistrate, 1st Class at Garhwa.

3. The F.I.R. was registered on 19.05.2017 alleging therein that on the written report of one Satyadeo Yadav, the informant of the case who addressed his application to the Officer In-charge of Bishunpura Police Station stating inter-alia that on 19.05.2017 at about 8.30 a.m. the informant accompanying with his elder brother and his nephew namely Niranjan Prasad Yadav, Bimlesh Yadav both sons of Uday Prasad Yadav was shot dead by Sanjeet Singh son of Bachu Singh. It is further alleged that Gud