AMRENDRA SINGH AND ANOTHER Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing an order dated 9.8.1981/10.8.1981, whereby cognizance has been taken against the petitioners under Sec. 25 (1 -A), 26 and 34/ 26 of the Arms Act (in short 'Act'). The facts relevant for the disposal of this application, in short, are that in the evening of 22.8.79 one Mahendra Kamat and Tapeshwar Kamat of village Tuniahi entered into the house of the petitioner for committing theft. They were detected by petitioner No. 1, who raised hullah on which the aforesaid two persons took to their heels and after hot chase those two persons were apprehended by petitioner No. 1 and other members of his family as well as the villagers. It is said that in course of chasing, petitioner No. 1 also received a Lathi injury on his head. On search a country made pistol was recovered from the possession of Mahendra Kamat and they were brought in the police station alongwith the said pistol.

(2.) On the written statement of petitioner No. 1, the police instituted a case under Sec. 457 and 380 of the Indian Penal Code (in short 'Penal Code') and under Sec. 25 (1 -A) and 26 of the Act; against the aforesaid two persons.

(3.) During the course of investigation, the case was found to be false and on the statement of Mahendra Kamat a case was instituted against these two petitioners under Sec. 25(1 -A) and 26 of the Act. It appears that the case was supervised by the Superintendent of Police personally and he directed the Investigating Officer and the Deputy Superintendent of Police to produce witnesses before him to make some queries, but no witnesses were produced before him. In the meantime Madhepura was separated and was made out a new independent district. The new Superintendent took the charge and the police after investigation submitted charge sheet, on the basis of which the cognizance was taken by the impugned order.