IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11686 of 2008
1. SANJEEV CHOUDHARY @ RAJEEV KUMAR SON OF LATE
GYANESHWAR PRASAD CHAUDHARY.
2. TRIBHUWAN SAH @ TRIBHUWAN PRASAD GUPTA, SON OF
CHANDRIKA SAH
BOTH RESIDENTS OF VILLAGE MAHUA MUKUNDPUR, P.S.- MAHUA,
DISTRICT- VAISHALI
Versus
THE STATE OF BIHAR
For the petitioners : Mr. Prahlad Kumar Bhagat, Advocate.
For the State : Mr. Jharkhandi Upadhyay, APP
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2 25.10.2010 Heard learned counsel for the petitioners and the State.
Petitioners question the legality and propriety of order
dated 13.6.2007 passed in Mahua P.S. case no. 112/04 passed
by learned Judicial Magistrate, 1st Class, Hajipur whereby on
consideration of the materials filed along with the police paper, a
prima facie case has been found to have been made out and
accordingly, cognizance has been taken under Sections 147,
149, 337, 353, 435 and 338 of the Indian Penal Code.
While assailing the order, it is submitted that higher
police officers have found that the petitioners had no hands in the
aforesaid occurrence as they were not present at the place of
occurrence. It is stated that one of the petitioners was admitted in
the hospital whereas the another petitioner was away from the
place of occurrence.
I am afraid on this counts the order can be challenged.
Learned Magistrate has referred to different paragraphs of the
case diary in order to come to a conclusion that there is/are
material in the police papers which prima facie make out a case
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against the accused persons.
Considering the confines of jurisdiction invoked by the
learned Magistrate, I do not find any illegality in the order.
The application has no merit. It is accordingly dismissed.
( Kishore K. Mandal, J. )
pkj