Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12962 of 2020 Arising Out of PS. Case No.-1232 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== VINAY KUMAR Son of Girjanandan Sharma The then Rajswa Karamchair, Anchal Hisua, P.S.- Hisua, District- Nawada, resident of Village- Lakhibagh, Manpur, P.S.- Manpur Muffasil, District- Gaya, at present posted as Rajswa Karamchari Anchal Sirdalla, P.S.- Sirdalla, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shankar Prasad Son of Brahamdev Prasad Resident of Tola Khairati Bigha, Hisua, P.S.- Hisua, District- Nawada.

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

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2023 Heard the parties.

2.This application has been filed for quashing the order dated 10.12.2019 passed by learned A.C.J.M.-VI, Nawada in Complaint Case No. 1232 of 2019 by which cognizance has been taken against the petitioner and others under Section 420, 467, 468 of the IPC.

3.At this stage, learned counsel for the petitioner wants this Court to see the defense of the petitioner on affidavit. 4.This Court is not inclined to interfere in the matter by examining the affidavit evidence of the petitioner. This application is dismissed with liberty to the petitioner to raise all

Patna High Court CR. MISC. No.12962 of 2020(2) dt.19-07-2023 2/2 the grounds at the stage of framing of charge. 5.If such an application is filed, the same shall be disposed of by the Trail court in view of the law laid down by the Hon'ble Supreme Court in the case of Kanchan Kumar vs State of Bihar 2022 9 SCC 577.

6.Accordingly, this application is dismissed. (Sandeep Kumar, J) shishir/- U