High Court Patna High Court - Orders

Khenhar Mahto &Amp; Ors vs The State Of Bihar &Amp; Anr on 20 January, 2011

Patna High Court – Orders
Khenhar Mahto &Amp; Ors vs The State Of Bihar &Amp; Anr on 20 January, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.14558 of 2008
                       KHENHAR MAHTO & ORS
                                 Versus
                      THE STATE OF BIHAR & ANR
                                -----------

02. 20.01.2011 The petitioners have challenged the order of

cognizance dated 26.04.2007 passed by the learned

Judicial Magistrate, Ist Class, Bettiah, whereby

cognizance has been taken on the basis of the protest

petition under Sections 323 and 325 of the I.P.C.

It is submitted by learned counsel for the

petitioners that F.I.R. was lodged on 01.02.2005 under

Sections 341, 323, 325 of the I.P.C. Subsequently

16.06.2005 chargesheet was submitted only against

Dhrup Mehto who died during the occurrence whereas

petitioners were not sent up for trial. On 20.07.2005,

protest petition was filed and on that basis the

cognizance was taken.

From the impugned order, it appears that

petitioner No. 2 Rambha Devi filed Srinagar P.S. Case

No. 5 of 2005 under Section 302 of the I.P.C. against

the complainant of the present case and in that the

complainant and others have been chargesheeted under

Section 302 I.P.C.

The contention of the learned counsel for the

petitioners is that no protest was made when the
2

investigation was going on and after three years of

submission of the chargesheet against a dead person,

protest petition was filed and on that basis the

cognizance has been taken.

Considering the aforesaid submissions, let

notices be issued to O.P. No. 2 by registered post as well

as ordinary process, for which requisites etc must be

filed within a period of two weeks.

Let further proceedings of Complaint No. CR

551 C of 2006/EN 55 of 2007, pending in the Court of

learned Judicial Magistrate, Ist Class, Bettiah, be

stayed.

The stay order will be operative only when

the matter has not progressed after the cognizance

level.

Shageer                         ( Dinesh Kumar Singh,J.)