SURENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under section 482 Cr.P.C. has been filed to quash the order dated 18.11.2005 passed by C.J.M., Gaya in G.R. Case No. 2482 of 2005 arising out of Tekari P.S. Case No. 185 of 2005 as well as entire criminal prosecution which is now pending in the Court of Shri S.B.P. Singh, Judicial Magistrate 1st Class, Gaya bearing Trial No. 1266 of 2005. The learned C.J.M. has taken cognizance under sections 188, 171 -H and 171 -F of the I.P.C. as well as under section 30 of the Arms Act.

(2.) IN the month of October, 2005, there was assembly election. The petitioner no. 1, Surendra Prasad Yadav was one of the candidates from Belaganj Constituency in Gaya District. As precautionary measure the District Magistrate, Gaya promalgamated (sic ''promulgated?) prohibitory order under section 144 Cr.P.C. in the entire District of Gaya vide order dated 25.9.2005 thereby persons were prohibited from carrying of any arms in public places.

(3.) COUNTER as well as supplementary affidavit have been filed by the parties.