Kamlesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13997 of 2015 Arising Out of PS.Case No. -186 Year- 2013 Thana -RAMGARH District- BHABHUA (KAIMUR) ===========================================================

1. Kamlesh Prasad S/o Late Sri Nath Ram @ Shree Nath Prasad resident of village - Bharauli, P.S. Sahpur, District - Bhojpur ( Ara ), at Present posted as a Sub - Divisional Agriculture officer at Saharsa Sub - Division, District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Sanjit Singh, S.I., P.S. Ramgarh, District - Kaimur ( Bhabhua ) .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Mishra, Adv. For the Opposite Party/s : Mr. Dr.Ravindra Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 14-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 03.03.2015 passed by the learned Chief Judicial Magistrate, Kaimur, Bhabua in Ramgarh P.S.Case No. 186 of 2013 registered under sections 406, 409 and 420 of the Indian Penal Code, whereby warrant of arrest has been issued against the petitioner on the requisition of the Investigating Officer of the case.

I have perused the record. There is no point of law involved in the case. Though the petitioner is not named in the FIR,

Patna High Court Cr.Misc. No.13997 of 2015 dt.14-08-2015 2/2 his name transpired in course of investigation. Since the petitioner is evading arrest, the Investigating Officer of the case has filed a requisition pursuant to which the court has issued warrant of arrest. I find no illegality in the order impugned. Accordingly, the application, being devoid of any merit, is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T