Patna High CourtCR. MISC./23462/2013dismissed

Md. Naiyar Habib v. State Of Bihar And ANR

2016-07-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23462 of 2013 Arising Out of PS.Case No. -126 Year- 2009 Thana -ARARIA District- ARRARIA ====================================================== Md. Naiyar Habib son of Sk. Habibuddin Resident Of Village- Azad Nagar, Police Station- Araria, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Aasmina wife of Md. Akhlaque Ahmad Resident Of Village- Taran, Police Station- Joki Hat, District- Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Sanjay Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-07-2016 Heard Sri Anamul Haque, learned counsel for the petitioner , Sri Madan Kumar, learned A.P.P. as well as Sri Nafisuz Zoha, learned counsel, who has appeared on behalf of the informant/ opposite party no. 2 on notice.

The petitioner, has approached this court invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 12.5.2011 passed by learned Judicial Magistrate 1st Class, Araria in Araria P.S. Case No. 126 of 2009. By the said order the learned Magistrate has taken cognizance of offence under section 323, 504 of the Indian Penal Code .

Learned counsel for the petitioner tried to persuade the

Patna High Court Cr.Misc. No.23462 of 2013 (6) dt.28-07-2016 2/2 court that petitioner was a doctor and false accusation was made. He further submits that petitioner before lodging of the present case had filed a petition before the superintendent of police and an F.I.R. was lodged in which it was alleged that that informant' side had committed some offence in the clinic of the petitioner. After going through the impugned order, the court is satisfied that the learned Magistrate has committed no error. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T