IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30907 of 2009 Bangali Mahton @ Rajendra Mahton Versus State Of Bihar ---------------------------------- 2 14.12.2011 Heard learned counsel for the petitioner and learned counsel for the State. This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) has been filed for quashing the order dated 9.6.2009 passed in Sessions Trial No. 642 of 2005 arising from Sahebpur Kamal P.S. Case No. 162 of 1999 registered under Sections 147, 148, 149, 353, 332, 337, 338, 307, 436 and 188 of the Indian Penal Code and Section 27 of the Arms Act and Section 3/4 of the Explosive Substance Act whereby the application for discharge filed by the petitioner, has been rejected. The F.I.R. has been instituted on the basis of the self statement of the officer-in-charge namely Sub Inspector, B.K. Singh of Sahebpur Kamal Police Station, who has alleged obstruction by the petitioner and other accused, in the performance of the official duty in course of execution of process in connection with Sahebpur Kamal P.S. Case No. 159 of 1999 registered under Sections 302/34 of the Indian Penal Code. The substance of allegation as set out in the F.I.R. alleges the petitioner and some others named in the F.I.R of obstructing the police party in execution of the process. 2 Regard being had to the circumstances that the petitioner has been specifically named at Serial No. 12 of the F.I.R no interference is called for in the order impugned passed by the learned Sessions Judge and the application is disposed of with the liberty to the petitioner to raise all the issues as raised in the present application at the stage of framing of charge, if the same has not yet been framed. Bibhash (Jyoti Saran, J.)