Md. Alam And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13304 of 2016 Arising Out of PS.Case No. -111 Year- 2012 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Alam son of Late Sk. Kamil

2. Kamrul Hasan son of Ainul Hasan Both residents of Village - Adhkapariya, P.S. - Ramgarhwa, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raifun Nesha W/o Samuddin resident of Village - Adhkapariya, P.S. Ramgarhwa, District - East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Nath Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for quashing the order dated 18.12.2012 passed by the Sub Divisional Judicial Magistrate, Raxaul in Ramgarhwa P.S. Case No.111 of 2012 by which he has taken cognizance against the petitioners under Sections 241, 323, 324, 325 and 504 of the Indian penal Code.

Learned counsel for the petitioners submits that police has investigated and submitted the final form but the court without assigning any reason has taken cognizance against

Patna High Court Cr.Misc. No.13304 of 2016 (2) dt.02-08-2016 the petitioners. He has also shown the order passed by this Court in Cr. Misc. No.13650 of 2013 where the Court has set aside the order of cognizance with respect to female members and application with respect to rest petitioners was dismissed as withdrawn.

In such view of the matter, this Court has already applied its mind and dismissed the application with respect to male members.

This Court does not find any merit in this application. Accordingly this application is dismissed.

(Shivaji Pandey, J) Vinay/- U T