Rajendra Ram @ Rajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11216 of 2023 Arising Out of PS. Case No.-32 Year-2019 Thana- DAWATH District- Rohtas ====================================================== RAJENDRA RAM @ RAJENDRA KUMAR S/O BHARAT RAM Resident of Village- Paramdih, P.S.- Dawath, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MUNNA SINGH S/O DEVENDRA SINGH Resident of VillageMalkhoriya, P.O.- Bahuara, P.S.- Dawath, District- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing the order dated 15.04.2019 passed by Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 32/2019 by which the learned SDJM has taken cognizance against the petitioner for the offences under Sections 384, 420 read with Section 34 of the IPC.

Learned counsel for the petitioner wants his defence to be considered by this Court at the stage of cognizance which is not permissible.

The defence cannot be considered at the stage of

Patna High Court CR. MISC. No.11216 of 2023(2) dt.23-02-2023 2/2 cognizance.

Considering the above, this application is dismissed with liberty to the petitioner to raise all his grievance at the time of framing of charge.

Accordingly, this application stands dismissed. (Sandeep Kumar, J) Shishir/Vikas U T