High Court Patna High Court - Orders

Mukesh Kumar Dubey & Ors vs State Of Bihar & Anr on 4 August, 2011

Patna High Court – Orders
Mukesh Kumar Dubey & Ors vs State Of Bihar & Anr on 4 August, 2011
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Cr.Misc. No.47600 of 2008

    1) Mukesh Kumar Dubey, son of Ramkripal Dubey,
    2) Ramkripal Dubey, son of Late Ramdhari Dubey,
    3) Jogmaya Devi, wife of Ramkripal Dubey,
    4) Dhananjay Kumar Dubey,
    5) Rajiv Kumar Dubey,
    6) Manindra Dubey, all sons of Ramkripal Dubey, village Baleshara, PS Uchakagaun, District
       Gopalganj - Petitioners.
                                                Vs
    1) The State of Bihar,
    2) Nitu Devi, wife of Mukesh Kumar Pandey, resident of Baleshara, PS Uchakagaun, district
       Gopalganj, at present Tola Sepaya, PS Bishambharpur, District Gopalganj - Opp. Parties.


2        4.8.2011

Heard learned counsel for the petitioners and the

counsel appearing on behalf of the State.

This application has been filed for quashing the order,

dated 30.8.2008 passed in Cr.Revision No. 522/2007 / 30/2008 by

the Additional Sessions Judge, FTC V, Gopalganj by which the

court has found that the order taking cognizance has been passed

without application of mind and has, thus remanded the matter to

the court below to pass a fresh order.

I find that there is no illegality in the order impugned.

This application is dismissed.

          haque                                                      ( Sheema Ali Khan, J.)