Dr. Bishnu Prasad @ Vishnu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35295 of 2013 Arising Out of PS.Case No. -263 Year- 2007 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Dr. Bishnu Prasad @ Vishnu Prasad S/O Late Yadunandan Prasad, resident of Village- Musari Gharari, Police Station- Musari Gharari in the District of Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-05-2016 Heard Sri Sushant Kumar, learned counsel, who was assisted by Sri Ranjeet Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole 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 23.05.2013 passed by the learned Sub Divisional Judicial Magistrate, Samastipur in Tr. No.1222 of 2013, arising out of Samastipur Town P.S. Case no.263 of 2007 registered for the offence under Sections 307, 333, 353 379, 120(B)/34 of the Indian Penal Code. By the said order, the learned Magistrate has rejected the discharge petition.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.35295 of 2013 (2) dt.12-05-2016 2/2 petitioner has falsely been implicated in the present case. He submits that only with a view to save his own scheme regarding missing of Carbine, a false case was instituted. Besides hearing learned counsel for the parties, I have perused the materials available on record as well as the impugned order. After going through the same, I do not find any error in the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U