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
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.)