IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.2839 of 2010
1. WAKIL AHMAD,
2. Amir Ahmad @ Munshi Ahmad, Both sons of Late Sharif Ahmad @ Suku,
Resident of village-Gontiya Chauraha, Richha Post and P.S. Richha, Dist.-
Bareli (UP).
3. Maksud Ahmad S/o Late Sharif Ahmad @ Suku, resident of Mohalla- Laien
No.8, P.S. Haldani, Nainital (Uttrakhand), Richha, Niwasi Rice Saler.
4. Babu @ Baid Jabar S/o Late Abdul Gaffar @ Baid Gaffar, Resident of village-
Gontiya Chauraha, P.S. and P.O. Richha, Dist- Bareli (UP)
....Petitioners
Versus
1. THE STATE OF BIHAR &
2. Krishna Prasad s/o Late Khaderan Prasad, Resident of Mohalla- Alamganj,
Sasaram, P.S. Sasaram, District-Rohtas ...Opposite Parties
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4/ 26.08.2010 Heard the parties.
The petitioners have sought quashing of the order dated
18.9.2009 passed by the Judicial Magistrate, 1st class, Sasaram, Rohtas,
in Complaint Case No.1104 of 2009, by which he has taken cognizance
under section 323, 406 and 420 Indian Penal Code.
Counsel for the petitioners by bringing the complaint
petition into the notice of the court has demonstrated that there is
absolutely no averment with regard to the petitioner nos. 1 to 3 and,
therefore, no case is made out against them.
The counsel for the opposite party no.2 is also not in a
position to refute the submission.
In view of such, the cognizance order dated 18.9.2009
passed by the Judicial Magistrate, 1st class, Rohtas at Sasaram, in
Complaint Case No.1104 of 2009, is hereby quashed in so far as it
relates to the petitioner nos. 1 to 3 only.
The application is allowed in part.
JA/- (Anjana Prakash, J.)