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Patna High CourtCR. MISC./3764/2025allowed

Ramji Prasad Singh v. The State Of Bihar

2025-02-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3764 of 2025 In CRIMINAL MISCELLANEOUS No.22277 of 2023 Arising Out of PS. Case No.-234 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Ramji Prasad Singh S/o- Late Ram Awadh Singh Village- Mishr Baliya PSKarakat District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Roshan Kumar @ Raushan Kumar S/o- Pashuram Singh Village- Piro W.No-10, Ps- Piro Dist- Bhojpur 3.

Pashuram Singh @ Parshuram Singh S/o- Late Ganga Sagar Singh @ Ganga Singh Village- Piro W.No-10, Ps- Piro Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Manisha Khushi For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-02-2025 Heard the learned counsel for the parties.

2. This is an application for modification of the order dated 12.09.2024 passed in Cr. Misc. No. 22277 of 2023 arising out of Piro P.S. Case No. 234 of 2018 by which this Court has quashed the order dated 04.10.2019 passed by the learned Chief Judicial Magistrate, Bhojpur.

3. While partly allowing the application of the petitioners (In Cr. Misc. No. 22277 of 2023), this Court had granted the liberty to the petitioners to file a discharge application so far as the offences under the various sections of the Indian Penal Code are concerned, but no liberty was granted

Patna High Court CR. MISC. No.3764 of 2025(2) dt.05-02-2025 2/2 to the informant (petitioner in this case) with regard to the offence under NI Act.

4. For the reasons mentioned in the modification petition, this application is allowed. The petitioner of this case is granted liberty to file a complaint case as provided under the NI Act in accordance with law.

5. If any such complaint case is filed along with limitation petition, the same shall be considered by the Magistrate concerned in accordance with law.

(Sandeep Kumar, J) Shishir/- U T