IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.30016 OF 2008
1. BHUDEO YADAV, SON OF LATE SHITAL YADAV, PANCHAYAT SEVAK,
KHAGARIA BLOCK, DISTRICT KHAGARIA
2. RABINDRA PANDEY, SON OF LATE KAILASH PANDEY, STENO, OFFICE
OF THE D.D.C., KHAGARIA
VERSUS
THE STATE OF BIHAR
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2 23/06/2011 The petitioners are aggrieved by the order dated
29.02.2008 passed in Khagaria (Chitraguptanagar) Police
Station Case No. 26 of 2005 (G.R. No. 63 of 2005) by
which the Judicial Magistrate, Khagaria has rejected the
discharge application filed on behalf of the petitioner
under Section 239 of the Code of Criminal Procedure.
The main contention of the petitioner is that the
case has been instituted at the instance of an Assistant
Teacher who had given his written report to the D.D.C.,
Khagaria in order to pressurize the petitioners for calling
of the strike. It is further submitted that the impugned
order is mechanical and without application of mind.
On perusal of the impugned order, it appears
that the Court below has considered the materials in the
case diary and has found that a prima facie case is made
out against the petitioners and has, therefore, rejected
their application under Section 239 of the Code of
Criminal Procedure.
I do not find any illegality in the order
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impugned, and as such, this application is dismissed.
Anand ( Sheema Ali Khan, J. )