Amarnath Choubey vs The State Of Bihar & Ors on 19 November, 2010

[Cites 3, Cited by 1]

Patna High Court - Orders

Amarnath Choubey vs The State Of Bihar & Ors on 19 November, 2010

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.16663 of 2009

                 AMARNATH CHOUBEY S/O SRI GUPTESHWAR NATH CHOUBEY
                 R/O VILLAGE-SOHARADANGI, P.S. MANIHARI, DISTRICT-
                 KATIHAR.
                                                   --PETITIONER
                                      Versus

                 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY,
                    GOVT. OF BIHAR
                 2. THE SUPERINTENDENT OF POLICE MANOHAR PRASAD
                    SINGH, PRESENTLY POSTED AT BHAGALPUR RANGE
                    AS D.I.G., DISTRICT-BHAGALPUR.
                 3. THE CY.S.P. R.K. PODDAR, MANIHARI, DISTRICT
                    KATIHAR.
                 4. A.P. JHA, THE INSPECTOR OF POLICE, MANIHARI
                    P.S., DISTRICT-KATIHAR.
                 5. THE SUB-INSPECTOR OF POLICE, MR. RAJ KISHORE
                    SINGH, MANIHARI P.S., DISTRICT-KATIHAR.
                 5. SUNIL SINGH, S.I.-CUM-OFFICER INCHARGE,
                    MANIHARI P.S., DISTRICT-KATIHAR.
                                               --OPP.PARTY

2   19.11.2010

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 17.01.2006 passed by Chief Judicial Magistrate, Katihar in Manihari P.S. Case no. 120 of 2005 under Sections 25(1)(B) A/26 Arms Act.

Only one Cr.W.J.C. no. 257 of 2008 was filed by the petitioner seeking quashing of the first information report but the same was disposed of by order dated 19.03.2009 with liberty to approach the Judicial Magistrate 2 and avail alternative remedy.

During the course of argument it is pointed out that in connection with alleged shortage of diesel there was another case being Khora P.S. Case no. 157 of 2005 wherein the persons involved in the trial have already been acquitted. During trial statement of Police Officials have also been recorded wherein there is no substantial support of recovery of arms during such raid from the possession of the petitioner. That apart, at the instance of petitioner one Complaint Case no.943 of 2007 has also been filed against the Police Officials wherein cognizance has already been taken but the accused persons are absconding.

The court below shall consider all such submissions and materials at the appropriate stage of case, preferably at the time of hearing for framing of the charge.

With the above liberty, this application stands disposed of.

Let this order be communicated to the court below through FAX at the cost of the petitioner.

(Akhilesh Chandra, J.) AAhmad/ 3

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Patna High Court - Orders