High Court Patna High Court - Orders

Ajit Kumar Singh @ Guddu Kumar … vs State Of Bihar on 2 July, 2010

Patna High Court – Orders
Ajit Kumar Singh @ Guddu Kumar … vs State Of Bihar on 2 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.16744 of 2008
                   1.AJIT KUMAR SINGH @ GUDDU KUMAR son of
                     Sri Deepnarayan Singh.
                   2.Shashi Kumar Singh son of Upendra Pd. Singh
                             Both resident of village-Salarpur, P.S.-
                       Parbatta, Dist.-Khagaria.
                   3.Pintoo Kumar @ Pinkoo Kumar son of
                     Bhikhari Singh, resident of village-Jhandapur,
                     P.S.-Bihpur, Dist.-Bhagalpur.
                                           ......      .....Petitioners
                                           Versus
                   1.THE STATE OF BIHAR .... ....Opp.Parties
                                  -----------

3. 2.7.2010. Today when the case was called out, none appeared on

behalf of the petitioners. Yesterday also none had appeared on

behalf of the petitioners either to press the petition or to make a

prayer for adjournment. However, the case was adjourned for a

day with an indication that no further adjournment shall be

granted.

Three petitioners, while invoking inherent jurisdiction

of this court under section 482 of the Code of Criminal Procedure,

in sum and substance have prayed for quashing of the entire

prosecution in Parbatta P.S. Case No.229 of 2007 arising out of

G.R. No.1455 of 2007, which was initiated on the basis of

complaint filed by one Prem Lata Devi.

On perusal of paragraph-3 of the petition, it appears

that investigation was still pending meaning thereby that no

proceeding was pending. I have also perused the complaint

petition. In the present case the offence as alleged is under sections

342, 376, 511 and 34 of the Indian Penal Code.

I do not find any material warranting exercise of

inherent power in favour of the petitioners. Accordingly, the
2

petition stands rejected.

Md.S.                               ( Rakesh Kumar, J.)