RAM RAJI SINGH` Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Section 482 of the Code ofCriminal Procedure, 1973 for quashing the order dated 10.4.2002 passed by the learned Chief Judicial Magistrate, Samastipur in Patori P.S. Case No. 18/2000, G.R. Case No. 361 of 2000 by which he has taken cognizance under Sections 364, 365, 366, 120 -B/34 of the Indian Penal Code against the petitioners and has ordered to issue summons against them.

(2.) HEARD .

(3.) LEARNED counsel for the petitioners submitted that in view of overwhelming materials which have come in course of investigation as also in the statement of Simpal Singh recorded under Section 164. Cr PC, no case is made out against the petitioners and, hence, the impugned order taking cognizance against the petitioners is bad in law and is fit to be quashed. He also submitted that the learned Magistrate had no knowledge about the criminal writ application and the order passed thereon and he took cognizance on the basis of the charge -sheet.