Ramjee Sharma @ Ramjee Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14544 of 2015 Arising Out of PS. Case No.-176 Year-2007 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Ramjee Sharma @ Ramjee Prasad Singh Son of Late Deopati Narayan Singh, Resident of village- Deora, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Narendra Yadav @ Nagendra Yadav, Son of Sri Sarayu Yadav, resident of village- Pakhanpur, P.S.- Ghoshi, District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sangita Sharmaapp, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and the State.

This is an application for quashing of the order dated 13.10.2014 passed in Complaint Case No. 176 of 2007 (Tr. No. 2861 of 2014) by Judicial Magistrate, 1st Class, Jehanabad. The learned Subordinate Court recorded its order dated 13.10.2014 which is as follows :

"

पररवादीकीहारजरीहै।अरभयुकतो कीओरसेवकालतनहारजरीहैजोरसररआज भरकेरलएसवीकृतरकयाजाताहै।उभयपको कोसुनागया।माननीयउचचनयायालयके आदेशI am inclinal to accept the submission of the petitioner. In view of such, the

Patna High Court CR. MISC. No.14544 of 2015(2) dt.13-02-2023 2/3 application is allowed and the entire proceeding including the order dated 9.10.2009 passed by the Judicial Magistrate, 1st Class, Jehanabad in Complaint Case No.

176/2002 Tr 169/2009) is hereby quashed.

अतः वाद का कायरवाही समापत करतेहुएरनषपादनरकयाजाताहै।अरभलेख अरभलेखागारमेजमाकरे।"

From the order itself, it shows that the same has been passed in the light of an order of a coordinate bench of this Court in Cr. Misc. No. 43743 of 2009 dated 8.7.2013 in which the learned Court had passed the following :

"I am inclined to accept the submission of the Petitioner. In view of such, the application is allowed and the entire proceeding including the order dated 09.10.2009 passed by the Judicial Magistrate, 1st Class, Jehanabad in Complaint Case No. 176 of 2007 (Tr. No.

169 of 2009) is, hereby, quashed.

However, the quashment of the proceeding shall have no bearing on any

Patna High Court CR. MISC. No.14544 of 2015(2) dt.13-02-2023 3/3 civil proceeding initiated/ to be initiated by the Complainant."

Thus, this Court reiterates that the order in question has been passed following the order of a coordinate bench of the Patna High Court by which the entire proceeding including the order dated 9.10.2009 in Complaint Case No. 176 of 2007 was quashed.

There is no merit in the petition and is accordingly dismissed.

(Rajiv Roy, J) Ajay Singh/- U T