Heard Sri A.P. Tewari, learned counsel for the applicant and learned A.G.A. for the State.

By means of present 482 Cr.P.C. application, the applicant has prayed for quashing of the charge-sheet dated 20.6.1998 and submitted against the applicant under Section 120B I.P.C. in Criminal Case No. 400 of 1998, State Versus Ramdeo and another arising out of Case Crime No. 96 of 1998 under Section 120-B I.P.C., police station Khorabar, District Gorakhpur as well as the proceedings in pursuance of the aforesaid charge-sheet and the orders dated 9.2.2000 and 6.5.2000 passed by the lower revisional court.

Brief facts of the case is that one Devendra Singh, who was the then M.L.C. from district Gorakhpur was assaulted by some unknown miscreants on 20th February, 1998 at about 10:00 a.m. and when the attack was made on him, his shadow died in the incident while saving him. Two of the accused persons were shot dead on the spot by the police and another accused Ramdeo, who was injured in the incident was taken into custody and later on he also died. The two accused Indrajeet and Ram Kishun managed to escape.

An F.I.R. of the incident was lodged by police constable Deena Nath Yadav as Case Crime No. 96 of 1998 under Section 307, 302, 394 I.P.C., police station Khorabar, District Gorakhpur against two persons, namely, Indrajeet Ram Kishun, who were later on shot dead in a police encounter. Thereafter, the investigation was carried out and during investigation it has come that the applicant conspired for the killing of Devendra Singh along with one Ramdeo against whom charge-sheet was submitted by the Investigating Officer in the Court of C.J.M., Gorakhpur on 20.6.1998. The learned Magistrate took cognizance of the offence on 22.6.1998. Against accused Ramdeo, who was dead, a charge-sheet was submitted under Section 302, 307, 427, 353, 394, 120-B, 412 I.P.C., Section 3/5 Explosive Substance Act and 7 Criminal Law Amendment Act. The applicant was charge sheeted only for offence under Section 120 B I.P.C. for hatching conspiracy to kill Devendra Singh, a copy of the charge sheet has been annexed as annexure-8 at Page 35 of the affidavit filed in support of the present application.

It has been submitted by the learned counsel for the applicant that the applicant is a Press Reporter of a news paper, i.e., Hindustan Times and also Bureau Chief of weekly Rochak Prasang. The applicant is a reputed person. He was publishing news items against the police and due to this reason, he has been falsely implicated in the present case. He further submits that being aggrieved by the impugned charge-sheet dated 20.6.1998 and the order passed by the Magistrate on 22.6.1998, the applicant approached this Court by filing Criminal Misc. 482 Cr.P.C. Application No. 2032 of 1999 for quashing of the impugned charge-sheet dated 20.6.1998. This Court vide order dated 18.6.1999 has directed the learned Magistrate to decide the objection/discharge application of the applicant considering the provisions of Section 209 Cr.P.C. as it was submitted that the Magistrate without recording any reason committed the case to the Court of Session, a copy of the same has been annexed as annexure-9 to the affidavit. It is further submitted by the learned counsel for the applicant that the learned Magistrate while passing the impugned order dated 9.2.2000 has observed that there is no evidence collected during investigation by the Investigating Officer against the applicant for hatching conspiracy for the murder of Devendra Singh for which a charge-sheet has been submitted against the applicant for an offence under Section 120B I.P.C. It was then urged that the learned Magistrate did not comply with the order passed by this Court on 18.6.1999 and has observed that as the offence in question is under Section 302, 307, 427, 353, 394, 120-B, 412 I.P.C., Section 3/5 Explosive Substance Act and 7 Criminal Law Amendment Act, he has no jurisdiction to discharge the applicant as the