Ashlam Khan vs The State Of Bihar &Amp; Anr on 31 August, 2010

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr. Misc. No.8673 of 2009
            ASHLAM KHAN son of Late Mobin Khan, Proprietor of Lucky Press, Bhabhua
            Ward No.4 Old and New Ward No.10, P.S. Bhabhua, District- Kaimur at Bhabua
                                                                           ....Petitioner
                                        Versus

            1.   THE STATE OF BIHAR &
            2.   Bishwa Mistra Kumar son of Balmukund Jha, Resident of Ward No.11, P.S.
                 Bhabhua, District- Kaimur at Bhabhua                 ...Opposite Parties
                                         -----------

2/ 31.08.2010 Heard the parties.

The petitioner has sought quashing of the 22.1.2009

passed in Cr. Revision No.32 of 2008 by the Additional Sessions

Judge-cum- Fast Track Court No. IV, Bhabhua, whereby he has

dismissed the application preferred against the order dated 25.9.2007

passed by the Judicial Magistrate, 1st Class, Bhabua, in Bhabhua P.S.

case no.350 of 2001, on the ground that the cognizance is beyond the

time and offence under section 468 Indian Penal Code is not made

out.

However, I am not inclined to interfere with the orders of

the court below since the order is well reasoned and at this stage the

court cannot hold mini trial to assess value of the evidence appearing

against the petitioner.

The application is dismissed.

     JA/-                                                     (Anjana Prakash, J.)