DEOKI NANDAN PRASAD, J. - (1.) BOTH the applications were heard together as they have arisen out of the same first information report.
(2.) BOTH the applications have been filed under Section 482 of the Code of Criminal Procedure (the Code) for quashing the orders dated 19.8.1996 and 28.7.2001 passed by the Chief Judicial Magistrate, Palamau at Daltonganj, in Lesliganj P.S. Case No. 3 of 1996 corresponding to G.R. No. 56 of 1996 in which the learned Chief Judicial Magistrate took cognizance of the offence under Sections 363, 302 and 201 of the Indian Penal Code. The prosecution case in short as stated is that one Girija Prasad Singh gave a statement on 16.1.1996 before Lesliganj Police Station alleging therein that his son Vikash Kumar Singh was missing. It is further alleged that on 18.1.1996 Paras Singh came to him and tried to assault him and he kidnapped the son of the informant at 10 a.m. and after killing him, threw the dead body in a well. On 18.1.1996, one Bahadur Singh saw the dead body of his son floating in the well. It is further alleged that Girija Singh killed the boy due to previous enmity and accord -ingly, first information report was lodged.
(3.) THE investigation was made and the charge -sheet was submitted against accused Mahendra Singh. It appears from the record that Bahadur Singh was also examined under Section 164 of the Code.;