High Court Patna High Court - Orders

Lalit Narayan Mishra vs State Of Bihar &Amp; Anr on 21 January, 2011

Patna High Court – Orders
Lalit Narayan Mishra vs State Of Bihar &Amp; Anr on 21 January, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.15210 of 2008
             LALIT NARAYAN MISHRA, S/O Late Bangat Lal Mishra, R/O
             Village- Rajeshwari, P.S.- Chhatapur, Distt- Araria.
                                                           ......Petitioner.
                                    Versus
             1. STATE OF BIHAR.
             2. Md. Islamuddin, S/O Md. Bajul Rahman, R/O Village
                 Kaliyaganj, P.S. Palasi, Distt- Araria.
                                                           ......Opp. Parties.
                                   -----------

2 21.01.2011 Learned counsel for the State, Mr. Mukesh Kr.

Singh is present.

The present application has been filed for

quashing the order dated 04.12.2007, whereby the

learned Chief Judicial Magistrate, Araria, has taken

cognizance in Complaint Case no. 642C of 2007 under

Sections 323, 342 and 506/34 of the Indian Penal Code.

It appears from the impugned order that the

order has been passed after perusal of the complaint and

S.A. of the complainant as well as the statement of other

enquiry witnesses. The learned court below has found

prima facie case.

I see no reason to differ with the impugned

order passed by the learned Court below. However, the

petitioner will be at liberty to raise his contentions at the

time of framing of charge if it has not been framed as yet.

With the aforesaid observations, this

application is disposed off.

Bhardwaj/- ( Dinesh Kumar Singh, J.)
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