Kunal Mandal @ Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7660 of 2023 Arising Out of PS. Case No.-95 Year-2013 Thana- JAMUI District- Jamui ====================================================== KUNAL MANDAL @ KUNAL KUMAR SON OF BIRENDRA MANDAL R/O VILL.- MANJHWAY, P.S.- JAMUI, DISTT.- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing of order dated 19.08.2013 and 19.02.2022 passed by learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 95 of 2013 by which learned Magistrate has taken cognizance against the petitioner for the offences under Sections 364A, 34 of the Indian Penal Code.

The petitioner wants quashing of cognizance order passed by learned Magistrate registered for the offences under Sections 364A, 34 of the Indian Penal Code only on the basis of fact that some persons who were put on trial have been acquitted. The acquittal of some accused in a separate trial is no ground for quashing. The merits of the case can only be examined at the stage of trial and if the petitioner is innocent, he

Patna High Court CR. MISC. No.7660 of 2023(2) dt.21-06-2023 2/2 shall be acquitted. Hence, this application is dismissed. (Sandeep Kumar, J) Harsh/ U T