CRIMINAL MISCELLANEOUS No.4867 OF 2003 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ Nageshwar Pratap Narain Singh, Son of Late Pashupateswar Narain Singh, resident of Mohalla- Kalambagh Chowk, Police Station-Kazi Mohammadpur and District- Muzaffarpur --------------------- Petitioner Versus THE STATE OF BIHAR ----------- Opp.Party. ---------------- For the petitioner: S/Sri Akhileshwar Pd.Singh & Partha Sarthy, Advocates For the State: Smt. Indua Bala Pandey, A.P.P. -------------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 26.11.2002 passed by Sri N.P.Singh, learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi in Trial No.858 of 2002. By the said order, the learned Magistrate has rejected the discharge petition filed on behalf of the petitioner. 2. Short fact of the case is that on the date of Assembly Election two cars; one Maruti Van and another Santro Car were apprehended by the police and from both the vehicles six persons were arrested on the charge that from Maruti Van illegal arms and ammunitions were recovered and, as such, an F.I.R. vide Bathnaha P.S. Case No.9 of 2000 was registered under Sections 25(1-B) a, 26 and 35 of the Indian Penal Code. After investigating the case, police submitted chargesheet under the provisions of the Arms Act as well as 2 under Section 134B of the Representation of People Act. Subsequently, order of cognizance was passed and at the stage of charge, discharge petition was filed on behalf of the petitioner and other accused persons. The learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi by its order dated 26.11.2002 rejected the discharge petition. 3. Aggrieved with the order of rejection of discharge petition, the petitioner approached this Court by filing the present petition. 4. Sri Akhileshwar Pd.Singh, learned counsel appearing on behalf of the petitioner, while challenging the impugned order, submits that on the ground of vicarious liability the petitioner cannot be prosecuted. It was submitted by the learned counsel for the petitioner that the vehicle, from which the petitioner was arrested, no arms and ammunitions were recovered and, as such, the petitioner cannot be prosecuted for the offences under the Arms Act and on this ground alone, it has been prayed to quash the order of rejection of discharge petition filed on behalf of the petitioner. 5. Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer of the petitioner. It was submitted that the occupants of both the vehicles were associates of a particular candidate, namely, Rajesh Mishra, who was contesting the election on the Party Ticket of “Ajay Bharat” and the petitioner, who was one of the supporters of Rajesh Mishra , were arrested from the Santro Car . Accordingly, during the investigation it was found that the petitioner had atleast committed offence under Section 134B of the Representation of People Act. It was further submitted that the learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi after assigning a detailed reason has rejected the discharge petition. Accordingly, it has been prayed to reject the present petition. 3 6. Besides hearing learned counsel for the parties, I have also perused the materials available on record, particularly the impugned order. At the time of hearing on discharge petition, of course, it was not required to assign a detailed reason, while refusing to accept the prayer for discharge but the learned Magistrate has discussed in detail the material, which was collected during the investigation. I do not find any defect in the order of rejection of discharge petition. 7. Accordingly, the petition stands rejected. In view of rejection of the present petition, interim order of stay dated 1.3.2004 stands automatically vacated. Let a copy of this order be sent to the court below. Patna High Court,Patna Dated : the 6th September,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J.)