High Court Patna High Court - Orders

Baleshwar Pandey vs State Of Bihar on 27 June, 2011

Patna High Court – Orders
Baleshwar Pandey vs State Of Bihar on 27 June, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.18830 of 2009
         BALESHWAR PANDEY, son of Late Ram Krishan Pandey, resident of village
         Jiyare, P.O. & P.S.-Asthawan, District- Nalanda         ...Petitioner

                                         Versus

       THE STATE OF BIHAR                                                          ....OP

                                          With

                           Cr. Misc. No. 18842 of 2009
         SATYENDRA PANDEY son of Shri Baleshwar Pandey, resident of village Jiyare,
         P.O. & P.S.-Asthawan, District- Nalanda                     ...Petitioner

                                         Versus

           THE STATE OF BIHAR                                                      ...OP
                                        -----------

2/ 27.06.2011 Heard the parties.

The petitioners have prayed for quashing of the order

dated 27.3.2009 passed by the Chief Judicial Magistrate, Nalanda at

Biharsharif, in Trial No.3948 of 2008 (Asthawan P.S. Case No. 90

of 2008), by which he has taken cognizance in the matter

disagreeing with the final report submitted with regard to the

petitioners.

Considering that it is well within the power of

Magistrate to disagree within the opinion of the police and he has

done so on the materials available in the case diary, I am not

inclined to interfere in the matter.

The applications are dismissed.

         JA/-                                                (Anjana Prakash,J.)