IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45145 of 2008
Basudeo Paswan, Son of Sri Ram Paswan, Resident of Village Purab Tola, Ward No. 14, PS
Kahalgaon, District Bhagalpur ---- Petitioner
Versus
State Of Bihar ---- Opposite Party
For the petitioner : Mr. Rajive Ranjan Singh, Advocate
For the State : Mr. Jharkhandi Upadhyay, A.P.P.
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2 3.8.2011 Learned counsel for the petitioner submits that the order
dated 3.7.2008, passed under Section 210 of the Code of Criminal
Procedure should be set aside by this Court on the ground that the
allegations in the case of Kahalgaon P.S. Case No. 13 of 2008 does
not contain the same facts as contained in the complaint petition filed
by this petitioner. It is specifically stated that the petitioner has filed
the complaint under Section 302 of the Indian Penal Code naming
certain persons as accused whereas in the police case, the case was
instituted under Section 307 of the Indian Penal Code. It is further
submitted that the contents of the two cases i.e. facts of the First
Information Report and the facts of the complaint petition are also
different.
In my opinion, the Chief Judicial Magistrate, Bhagalpur
ought to examine the contents of the Kahalgaon P.S. Case No. 13 of
2008 as well as the allegations contained in the complaint petition and
thereafter come to a decision regarding the application filed under
Section 210 of the Code of Criminal Procedure.
The order dated 3.7.2008, passed in Complaint Case No.
516 of 2008 is quashed.
This application is allowed.
2
Counsel for the petitioner is directed to produce a copy of
this order before the Chief Judicial Magistrate, Bhagalpur or any other
Court where the matter is pending, within a period of one month from
the date of receipt of a copy of this order failing which this application
shall stand dismissed.
Sanjay (Sheema Ali Khan, J.)