Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29462 of 2013 Arising Out of PS.Case No. -73 Year- 2010 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Mithilesh Yadav Son Of Late Dhunmun Yadav Resident Of Village - Shekhpur Chaman, At Present Chakfajula, P.S. - Udakisunganj, District. - Madhepura .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-04-2016 The petitioner, who was shown as absconder in the charge-sheet by the Police in charge sheet no. 36 of 2011 dated 27.5.2011 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 28.5.2011 passed by learned Chief Judicial Magistrate, Madhepura in Udakisunganj P.S. Case No. 73 of 2010 , G.R. No. 1144 of 2010. By the said order the learned Magistrate after receipt of the charge-sheet and examining the case diary passed the order of cognizance under Section 411 of the Indian Penal Code and Sections 25(1-B)a, 26 of the Arms Act.

Dr. M.K. Gautam, learned A.P.P., submits that there is specific accusation against the petitioner in the F.I.R. itself and

Patna High Court Cr.Misc. No.29462 of 2013 (2) dt.26-04-2016 2/2 after collecting materials charge sheet was submitted. Besides hearing, I have also examined the materials available on record particularly the impugned order. On examining the impugned order the Court is satisfied that there is no error warranting interference with the same.

The petition stands dismissed.

Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J) Praful/- U T