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Patna High Court – Orders
Md.Mokhtar vs The State Of Bihar & Ors on 9 September, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Criminal Miscellaneous No.28244 of 2009

                 Md.Mokhtar, S/o Late Abdul Sattar, Resident of village-
                 Diayee, P.S. Neem Chak, Bathani, District-Gaya.
                                         ............. Petitioner.
                                            Versus
                 1. The State Of Bihar
                 2. Jamila Khatoon, W/o Late Abdul Sattar
                 3. Parvej Alam @ Md. Nautez Alam S/o Late Abdul Sattar
                 4. Suchit Kumar Paswan S/o Rameshwar Paswan
                 5. Sheolagan Yadav S/o Jhokaria Yadav
                 6. Mangar Choudhary S/o Gopi Chaudhary
                 All residents of village-Diyaee, P.S. Neemchak, Bathani,
                 District-Gaya.
                 7. Yogendra Yadav, S/o Sahdeo Yadav
                 8. Ram Jatan Yadav, S/o Sahdeo Yadav
                 9. Birendra Yadav, S/o Sahdeo Yadav
                 All residents of village- Khudai Tola, Balchand Bigha, P.S.
                 Khigar Sarai, District-Gaya.
                 10. Jai Nandan Prasad Yadav, S/o Basudeo Yadav
                 11. Braj Nandan Prasad Yadav S/o Basudeo Yadav
                 Both residents of village- Tala Balchan Bigha, P.S.
                 Khijarsarai, Gaya.
                 12. Baleshwar Yadav, S/o Late Ram Kishun Yadav, resident
                 of village-Tho Bigha, P.S. Neem Chak, Bathani, Gaya.

                 ......... Opposite parties.
                             ----------------------------------

2 09-09-2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

In my view, this petition can be disposed of, at

admission stage itself.

This petition under Section-482 of the Cr.P.C. has

been filed on behalf of the petitioner, namely, Md. Mokhtar who

is complainant of Complaint Case No. 91 of 2009 against the

order dated 09.04.2009 passed by Sri Anil Kumar Sinha,

Judicial Magistrate-Ist Class, Gaya in Complaint Case No. 91

of 2009 whereby and whereunder, having found prima facie
-2-

case, he took cognizance for the offences under Sections-417

& 471 of the Indian Penal Code.

Main grievance of the petitioner is that in spite of

materials available on the lower court records to take

cognizance for the offences under Sections-420, 467, 468, &

120B of the Indian Penal Code, the learned court below has not

taken cognizance of the offence of above-said sections.

In my view, the petitioner may raise all his pleas and

he can easily raise this point before the court below at the time

of framing of charge that there is sufficient material to frame

charge for the offences under Sections-420, 467, 468, & 120B

of the Indian Penal Code.

In the aforesaid circumstances, this petition stands

disposed of with the observation that the petitioner may raise all

his pleas at the time of framing of charge and the learned trial

court shall not be prejudiced by the order taking cognizance as

well as by this order.

Let copy of this order be communicated to the court of

Sri Anil Kumar Sinha, Judicial Magistrate-Ist Class, Gaya in

connection with Complaint Case No. 91 of 2009 for needful.

AKV/-                                 (Hemant Kumar Srivastava,J.)
 

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