IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42098 of 2008
Shri Shritul Kant @ S.Kant
------- Petitioner
Versus
1. State Of Bihar
2. Om Prakash Singh
-------- Opposite Parties
--------
For the petitioner: Mr. Ashok Kr. Sinha,
Sr. Advocate
For O.P.No.2: Mr. Raghvendra Kr. Singh,
Advocate
For the State: Abhimanyu Sharma, APP
*******
4 4.11.2011 Heard counsel for the parties.
Prayer is sought to quash the
cognizance order dated 30.1.2008 passed by
Judicial Magistrate, 1st Class, Katihar in
C.A. No. 2026/07 on the ground that only civil
liability is made out basing the allegation by
referring the decisions reported in 2000(2)
SCC 636 and 2005(13) SCC 699, that is replied
by making submission on behalf of opposite
party no.2 that the fact of the case
constitutes criminal liability also by
referring decision reported in 2007(5) SCC
228. It is further submitted on behalf of
opposite party no.2 that defence evidence is
closed and case is at the stage of argument.
So, option is given to the parties to refer
their decisions at the stage of argument in
the court of Judicial Magistrate, 1st Class,
2
Katihar in C.A.No. 2026/07 which shall be
considered along with other decisions if are
referred while deciding the case on merit.
This application stands disposed of
accordingly.
AI ( Mandhata Singh, J.)