petitioner is that the present prosecution has been instituted with mala fide intention for the purposes of harassment. In the present case, after investigation, Final Form has been submitted exonerating the petitioner and other accused persons finding the accusation false. A protest petition was filed by the informant. Thereafter, the learned Chief Judicial Magistrate took cognizance for the offence punishable under section 307/34 of the Indian Penal Code and section 27 of the Arms Act in a mechanical manner without appreciating the materials collected in course of investigation, which does not constitute offence under section 307/34 of the Indian Penal Code and section 27 of the Arms Act. Thereafter, the case was committed to the Court of Sessions wherein a petition was filed praying therein to discharge the petitioner for the offence under section 307/34 of the I.P.C. and section 27 of the Arms Act. The learned Additional District and Sessions Judge-I, Begusarai has rejected the discharge petition without applying its judicious mind and as such, the order impugned is fit to be quashed.
