IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14558 of 2008
KHENHAR MAHTO & ORS
Versus
THE STATE OF BIHAR & ANR
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02. 20.01.2011 The petitioners have challenged the order of
cognizance dated 26.04.2007 passed by the learned
Judicial Magistrate, Ist Class, Bettiah, whereby
cognizance has been taken on the basis of the protest
petition under Sections 323 and 325 of the I.P.C.
It is submitted by learned counsel for the
petitioners that F.I.R. was lodged on 01.02.2005 under
Sections 341, 323, 325 of the I.P.C. Subsequently
16.06.2005 chargesheet was submitted only against
Dhrup Mehto who died during the occurrence whereas
petitioners were not sent up for trial. On 20.07.2005,
protest petition was filed and on that basis the
cognizance was taken.
From the impugned order, it appears that
petitioner No. 2 Rambha Devi filed Srinagar P.S. Case
No. 5 of 2005 under Section 302 of the I.P.C. against
the complainant of the present case and in that the
complainant and others have been chargesheeted under
Section 302 I.P.C.
The contention of the learned counsel for the
petitioners is that no protest was made when the
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investigation was going on and after three years of
submission of the chargesheet against a dead person,
protest petition was filed and on that basis the
cognizance has been taken.
Considering the aforesaid submissions, let
notices be issued to O.P. No. 2 by registered post as well
as ordinary process, for which requisites etc must be
filed within a period of two weeks.
Let further proceedings of Complaint No. CR
551 C of 2006/EN 55 of 2007, pending in the Court of
learned Judicial Magistrate, Ist Class, Bettiah, be
stayed.
The stay order will be operative only when
the matter has not progressed after the cognizance
level.
Shageer ( Dinesh Kumar Singh,J.)