Patna High CourtCR. MISC./12828/2015dismissed

Hari Singh v. The State Of Bihar

2019-05-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12828 of 2015 Arising Out of PS. Case No.-544 Year-2014 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Hari Singh son of Late Sahdeo Singh, resident of village at Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Anil Kumarapp ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-05-2019 Heard counsel for the petitioner and counsel for the State.

It is submitted by petitioner's counsel that cognizance which has been taken in the instant case is on the basis of deposition of two witnesses under section 164 of the Cr.P.C. Final form thereafter has been submitted on 17.11.2014. The court below, treating the objection filed by the informant, took cognizance against the petitioner for the offence under sections 302, 307, 326, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by petitioner's counsel that even though there is no evidence in the entire investigation, court below has taken cognizance and revisional court has also

Patna High Court CR. MISC. No.12828 of 2015(2) dt.07-05-2019 2/2 rejected the application filed by the petitioner against the order taking cognizance.

Submissions made on behalf of the petitioner are based on fact which require consideration by the court below. There is no ground for interference either order of taking cognizance or order passed by the revisional court dated 19.02.2015 passed in Cr. Revision no.245/2014. Such submissions based on fact are not to be gone into by this court exercising power under section 482 Cr.P.C. It will be open to the petitioner to avail other remedy in accordance with law.

This application is dismissed.

(Madhuresh Prasad, J) s.hassan/- U