PURNA CHANDRA ROY Vs. ROHITASWA RANA

JUDGEMENT

(1.) THIS is an application under Section 482, Criminal Procedure Code (for short 'the Cr.P.C). The petitioner seeks to quash the order of the learned Judicial Magistrate First Class, M. Rampur (for short the 'J.M.F.C.') dated 27.7.1989 taking cognizance of the offences under Sections 161 and 384, Indian Penal Code (for short 'IPC') in I.C.C. No. 9 of 1989.

(2.) THE facts leading to the present case may be shortly stated thus:

(3.) REGARDING the order of the learned Magistrate dated 8.9,1994 directing issuance of the N.B.W. against the petitioner, the learned counsel appearing for the petitioner submits that the petitioner will appear before the learned Magistrate within a month from this date and seek recall of the N.B.W. and pray for releasing him on previous bail bond or a fresh bail. However, considering the submissions made by the counsel for the petitioner, it is deemed appropriate to pass the following order :