Patna High CourtCR. MISC./2972/2023dismissed

Matloob Khan @ Md. Matloob Khan v. The State Of Bihar

2023-09-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2972 of 2023 Arising Out of PS. Case No.-149 Year-2016 Thana- JAHANABAD District- Jehanabad ====================================================== MATLOOB KHAN @ MD. MATLOOB KHAN SON OF MD. MOKHTAR KHAN R/O DHANGAWAN, P.S.- JEHANABAD, DISTRICTJEHANABAD PIN CODE- 804417 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md Fazle Karim For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-09-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner submits that the present quashing application has been filed seeking quashing of the order dated 12.06.2017, passed by the learned Judicial Magistrate 1st Class, Jehanabad in G.R. No. 412 of 2016 arising out of Jehanabad P.S. Case No. 149 of 2016 whereby cognizance has been taken under Sections 323, 341, 504 and 34 of the Indian Penal Code

3. The learned A.P.P. at the outset vehemently opposes the quashing application of the petitioner on the ground that the order of cognizance is dated 12.06.2017, and the quashing application has been filed in the year 2023.

Patna High Court CR. MISC. No.2972 of 2023(2) dt.08-09-2023 2/2

4. At this stage, the learned counsel for the petitioner very fairly submits that the charges have also been framed against the petitioner.

5. The learned A.P.P. thus submits that it absolutely does not stand to reason that when charges have already been framed why the present quashing application was filed seeking quashing of the order of cognizance in 2023.

6. Considering the fact that the charges have been framed, the Court is not inclined to entertain the quashing application.

7. Accordingly, the quashing application stands dismissed.

(Satyavrat Verma, J) Gauravkr/- U T