IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18462 of 2008
RAJESH KUAMR
Versus
STATE OF BIHAR
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3 21.04.2011 Heard learned counsels for the petitioner and the
State.
The prayer of the petitioner is for quashing the
order dated 09.11.2005 taking cognizance of the offence
under sections 376/511 of the Indian Penal Code.
The said order was assailed in this Court by filing
the present application on 8th May, 2008 after a good delay
without any valid justification.
Learned counsel for the petitioner submits that
there is no material on record, and as such, police after
investigation submitted the final form, however, the Chief
Judicial Magistrate differed with the police report and took
cognizance of the offence.
Having considered the submissions of the parties
as also on perusal of the impugned order, it appears that
the order taking cognizance has been passed after taking
into consideration the materials available on record as
mentioned in the impugned order.
In this view of the matter, I do not find any error
in the order. Accordingly, the application stands
dismissed.
Manish/- ( Shailesh Kumar Sinha,J.)