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Judgment
Heard the parties.
The Present petition is filed for the quashing of order dated 28.8.2017 passed in Naubatpur P.S. Case no.617 of 2014 by learned Additional Chief Judicial Magistrate-II, Danapur, Patna through which cognizance has been taken under section 302/34 of Indian penal Code and 27 of the Arms act against petitioner.
The prosecution case is that one Rekha Devi submitted a written Report on 29.11.2014 to Officer Incharge of Naubatpur Police Station stating therein that on 29.11.2014 at 7.00 P.M., her husband was shot dead by some unknown Criminal near Dalit Madhya Vidyalaya, Birpur, on this information, she along with her mother-in-law came there and saw her husband lying dead.It is alleged that there is ongoing dispute since six month with F.I.R. named accused persons, who are her Gotia, as such, she claimed that they have committed murder of her husband due to said dispute.
It is submitted by learned counsel appearing on behalf of petitioner that petitioner was not named in FIR, neither his name was confessed by any of the co-accused person during the investigation. It is submitted that merely on the basis of supervision note, the police submitted the charge-sheet against him and, thereafter, in a very mechanical manner without supplying any reasons, cognizance was taken against this petitioner through impugned order dated 28.08.2017. It is submitted that still this matter is pending for framing of charges.
Considering the aforesaid, petitioner is given liberty to raise all such issues before the learned Trial Court at the time of framing of charges.
Learned trial court is directed to pass appropriate order in accordance with law, supplying reason, considering aforesaid submission.
Considering aforesaid, the present petition stands disposed of.