Md. Arif Mallik @ Md. Arif And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27425 of 2013 Arising Out of PS.Case No. -4 Year- 2012 Thana -NAWADA TOWN District- NAWADA ======================================================

1. Md. Arif Mallik @ Md. Arif S/O Md. Hamid

2. Md. Hamid S/O Late Md. Siddique

3. Noor Jahan Begum W/O Md. Hamid All Residens of Village- Garhi, P.S.- Lakhisarai, District- Lakhisarai .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kr. Pandey For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

21-04-2016 Three petitioners have invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 16-05-2013 passed by learned Chief Judicial Magistrate, Nawada in Town P.S. Case No. 4 of 2012. By the said order, the learned Magistrate has taken cognizance of offence under Sections 304(B)/34 of the Indian Penal Code.

Earlier, an F.I.R. was lodged against ten accused persons. Petitioners were also named as accused in the F.I.R., however; during investigation, accusation against seven accused persons was found not sufficient and as such, while submitting charge-sheet against these three petitioners, other seven accused

Patna High Court Cr.Misc. No.27425 of 2013 (2) dt.21-04-2016 2/2 persons were exonerated. After receipt of the charge-sheet, the learned Magistrate has passed order of cognizance under Sections 304(B)/34 of the Indian Penal Code.

On perusal of the impugned order, the Court is satisfied that there is no apparent error warranting interference. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T