High Court Patna High Court - Orders

Mahanth Vikram Das vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Mahanth Vikram Das vs The State Of Bihar on 24 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.33323 of 2011
                                     Mahanth Vikram Das
                                              Versus
                                     The State Of Bihar
                                 ----------------------------------

2 24.10.2011 Heard learned counsel for the petitioner.

State is non-represented.

It has been submitted on behalf of the petitioner that

from the first information report it is evident that none had

sustained gun shot injury alleged to have shot at by the petitioner

and so subsequent order passed by the learned Chief Judicial

magistrate whereby and where-under cognizance has been taken

under section 302 along with other sections of the Penal Code

prima facie appears to be on account of non-application of

judicious mind.

Accordingly, the State is directed to file counter

affidavit within four weeks. Side by side case diary of Paharpur

P.S. Case No. 171 of 2009 be also called for from the court of

Chief Judicial Magistrate, Motihar.

During the intervening period, further proceeding

pending in the court of Chief Judicial Magistrate, Motihari will

remain stayed in the above noted case as against the petitioner.

(Aditya Kumar Trivedi, J)

M.Rahman