IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr. M.P. No. 618 of 2007
Krishna Baitha ... ... ... ... Petitioner
Versus
The State of Jharkhand and Anr.... ... Opposite parties
CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner : Mr. Kartik Kumar Ojha, Advocate
For the Opp. Parties : A.P.P.
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4 /02.08.2011
This application has been filed for quashing the order dated 01.03.2007,
whereby learned Judicial Magistrate, 1st Class, Ranchi took cognizance against
petitioner in G.R. Case No.2269 of 2006.
It is submitted by Sri Ojha, learned counsel for the petitioner that there is no
material on record, from which it can be inferred that offence under Section 409 of
the Indian Penal Code is made out. Hence, the order of cognizance is bad in law.
In course of argument, it is admitted that charge has already been framed
against the petitioner. It is also an admitted position that trial has already commenced
and some witnesses also examined.
Under the aforesaid facts and circumstance, at this belated stage, I am not
inclined to interfere with the impugned order. Accordingly this application is
dismissed.
However, petitioner, if so desires, may raise all points in the court below at
the time of final argument.
(Prashant Kumar, J.)
R.K.