IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15210 of 2008
LALIT NARAYAN MISHRA, S/O Late Bangat Lal Mishra, R/O
Village- Rajeshwari, P.S.- Chhatapur, Distt- Araria.
......Petitioner.
Versus
1. STATE OF BIHAR.
2. Md. Islamuddin, S/O Md. Bajul Rahman, R/O Village
Kaliyaganj, P.S. Palasi, Distt- Araria.
......Opp. Parties.
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2 21.01.2011 Learned counsel for the State, Mr. Mukesh Kr.
Singh is present.
The present application has been filed for
quashing the order dated 04.12.2007, whereby the
learned Chief Judicial Magistrate, Araria, has taken
cognizance in Complaint Case no. 642C of 2007 under
Sections 323, 342 and 506/34 of the Indian Penal Code.
It appears from the impugned order that the
order has been passed after perusal of the complaint and
S.A. of the complainant as well as the statement of other
enquiry witnesses. The learned court below has found
prima facie case.
I see no reason to differ with the impugned
order passed by the learned Court below. However, the
petitioner will be at liberty to raise his contentions at the
time of framing of charge if it has not been framed as yet.
With the aforesaid observations, this
application is disposed off.
Bhardwaj/- ( Dinesh Kumar Singh, J.)
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