IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.47760 of 2008
1. Jabir Rai, Son of Sri Laxman Rai.
2. Jagdish Rai, Son Sri Laxman Rai.
3. Laxman Rai, Son of Chulhai Rai.
4. Munna Rai @ Munna, Son of Shankar Rai.
5. Vijay Paswan @ Vijay, Son of
6. Pappu Bansfor @ Pappu, Son of Raj Kumar Bansfor.
7. Madan Rai, Son of Chulhai Rai.
8. Pradip Rai, Son of Laxman Rai.
All are residents of Village Ilal Basti, PS Thakurganj, District Kishanganj --- Petitioners
Versus
1. The State Of Bihar.
2. Manju Devi, Wife of Rampravesh Prasad, Resident of Village Thakurganj, PS Thakurganj,
District Kishanganj ---- Opposite Parties.
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2 5.8.2011 Learned counsel for the petitioners
states that he has been instructed by his
client that after the order of cognizance dated
22.9.2006, the case has not progressed in any
manner. Counsel for the petitioners submits
that for the same offences and between the same
parties, a First Information Report was
instituted which is numbered as Kishanganj
(Thakurganj) Rail P.S. Case No. 16 of 2006
dated 3.4.2006.
Taking into consideration the
provisions of Section 210 of the Code of
Criminal Procedure, I quash the order of
cognizance dated 22.9.2006, passed in Complaint
Case No. 289(C) of 2006 subject to the fact
that the case is beyond the point of taking
cognizance and remand the matter to the Court
2
concerned to take into account this fact and
after hearing the parties, pass appropriate
orders.
This application is allowed to the
extent aforesaid.
Counsel for the petitioners is directed
to produce a copy of this order before the
Court concerned 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.)