Patna High CourtCR. MISC./3195/2016dismissed

Lal Bachan Bhagat And ORS v. State Of Bihar And ANR

2016-08-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3195 of 2016 Arising Out of PS.Case No. -2963 Year- 2012 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Lal Bachan Bhagat Son of Late Jageshwar Bhagat,

2. Manager Bhagat, Son of Late Muni Bhagat,

3. Lal Bahadur Singh @ Bahadur Bhagat, Son of Late Mukhlal Bhagat,

4. Mahatam Bhagat @ Mahatam Singh,

5. Nand Kishore Singh @ Nand Kishore Bhagat,

6. Bhola Singh @ Bhola Bhagat, Son of Hiralal Bhagat

7. Mohan Bhagat, Son of Late Bali Bhagat, Resident of Village Baniya Chhapar, Police Station - Mirganj, District - Gopalganj.

8. Chandeshwar Chaudhary @ Chandeshwar Yadav, Son of Late Jhawan Yadav, null

9. Bibhuti Yadav,

10. B. Yadav @ Bipin Yadav Both sons of Chandeshwar Yadav,

11. Swami Nath Choudhary @ Swami Nath Yadav, Son of Late Deo Nandan Yadav

12. Raju Yadav, Sonof Swami NathYadav, Except Petitioner no. 7, All are resident of village - Gandharpa,Police Station - Nautan, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Baidh Nath Mishra, Son of Late Triveni Nath Mishra, Resident of Village - Gandharpa, Plice Station - Nautan, District - Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are challenging the order of cognizance dated 15th March 2014 arising from Complaint Case No. C-2963 of 2012, corresponding to Tr. No. 5634 of 2015 for offence under section 380/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.3195 of 2016 (2) dt.29-08-2016 2/2 The Police has submitted the Final Form and also recommended for initiation of proceeding against the informant, but after four months, the protest petition was filed and on that basis, the court below has taken cognizance.

This Court does not find anything wrong with the action of the Magistrate. Accordingly, this petition is dismissed. (Shivaji Pandey, J) Mahesh/- U T