IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27431 of 2009
Rajesh Sharma
Versus
State Of Bihar
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02 01.08.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
It would appear from the record that on the basis of
written report of one Kanhaiya Sharma, Kotwali (Basudevpur) P.S.
Case No. 330 of 2006 was registered under Sections 341, 342, 323,
307/34 of the Indian Penal Code against petitioner and others. The
aforesaid case was investigated by the police and after completion of
the investigation, police submitted final form but learned Chief
Judicial Magistrate differed with the findings of the police and took
cognizance for the offence under Sections 341, 342, 323/34 of the
Indian Penal Code on the basis of materials available on the case
diary.
In the aforesaid circumstance, call for the clear carbon
copy of the case diary of Kotwali (Basudevpur) P.S. Case No. 330 of
2006 from the court of Chief Judicial Magistrate, Munger.
Learned counsel for the petitioner should implead the
informant of aforesaid Kotwali (Basudevpur) P.S. Case No. 330 of
2006 as Opposite Party No. 2 of this petition within course of the day
and also file necessary requisites for issuance of notice to the
aforesaid Opposite Party No. 2. The aforesaid notice must go by both
the process i.e. ordinary as well as registered cover with A/D.
In the meantime, further proceeding of G.R. No. 1419 of
2
2006 pending in the court below shall remain stayed.
List the matter under the same heading after service
report or appearance of Opposite Party No. 2 whichever is earlier.
SHAHZAD ( Hemant Kumar Srivastava, J.)