RAVINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is for quashing the entire prosecution of the petitioner who is facing prosecution in Ghosi (Hulaseanj) P. S. Case No. 29 of 1988 dated 6-3-1988 for offences under Sections 307, 324 and 201 of the Indian Penal Code and 27 of the Arms Act as well as order dated 30-3-1989 by which cognizance for the aforesaid offences has been taken against the petitioner alongwith two others by the Additional Chief Judicial Magistrate, Jehanabad.

(2.) The facts leading to the prosecution of the petitioner are that one Navin Kumar alias Purshottam Kaushik, resident of village Katauli Police Station Hulasganj, district Jehanabad, made statement before A ' S I of Hulasganj Police Station which was recorded as a Fard-beyan on 5-3-1988 at 10.30 p.m. The allegations made therein are that on 5-3-1988 at about 5.30 p.m. the informant was at his house. In the meantime he heard hulla and went on the roof of his house and saw that large number of persons were quarrelling amongst themselves with regard to cutting of the electric wire. While the said altercation was going on accused Ashok Kumar who was armed with country made gun, fired towards the informant causing injury on his mouth. The informant came down from the roof and then saw that accused Bina Prasad was standing armed with rifle. On hulla Arun Kumar brother of the informant, came and seeing the aforesaid occurrence fled away. Bhagwat Singh, Krishna Prasad and others had seen the occurrence According to the informant the motive for the occurrence was an old enmity.

(3.) The Fardbeyan was forwarded to the Officer Incharge of Ghosi Police Station where a police case was registered under Sections 307, 324 of the Indian Penal Code and 27 of the Arms Act against Ashok Kumar and Bina Prasad. The police took up investigation. In course of investigation it appears that the Investigating Officer, as per his requisition forwarded the informant Navin Kumar to Medical Officer, Hulasganj (within the district of Jehanabad), i. e., the petitioner on the same day.