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Judgment
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
Petitioner is, in the present case, seeking quashing
of the order dated 26.08.2014 passed by Sri L.K. Mishra,
learned Judicial Magistrate, 1st Class, Buxar in G.R. No. 303 of
2007, arising out of Buxar (T) P.S. Case No. 37 of 2007.
Submission of learned counsel for the petitioner is
that the learned Magistrate has rejected the petition dated
08.07.2014 filed under Section 300 of Cr.P.C. on wholly
erroneous ground without looking into the facts and
circumstances of the case and without considering the fact
that after duly conducted trial the petitioner was
acquitted of the same charges in G.R. No. 363/1991 arising out
of Buxar (T) P.S. Case No. 88 of 1991.
In course of argument, learned counsel for the
petitioner could not satisfy this court that the First Information
Report (Annexure-1) arises out of the same cause of action.
This court is of the view that the F.I.R. is in respect of
altogether a different cause of action and the learned
Magistrate has not committed any illegality in rejecting the
application of the petitioner.
This application is, therefore, rejected.