Basant Kumar Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6351 of 2015 Arising Out of PS. Case No.-11 Year-2004 Thana- AGIAON District- Bhojpur ====================================================== Basant Kumar Mishra S/o Chandra Bilash Mishra, resident of village- Barap, P.S. Garahani Agiaon, District- Bhojpur Ara ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Ram Gopalan Tiwari S/O Suryadeo Tiwari, Resident of village- Bagwan, P.S. Garahani Agiaon, District- Bhojpur (Ara). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learend A.P.P. for the State.
2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That, this is an application for quashing the order taking cognizance dated 11.3.2014 passed in Tr. No. 5402/2014 (related to complaint case no. 73 (C) /2004 Agiaon (Garahani) P.S. Case No. 11/04) passed by learned Chief Judicial Magistrate, Bhojpur (Ara) by which learned Magistrate took the cognizance for the offence under Sections 406, 420, 467, 469 of the Indian Penal Code against the petitioner without appreciating the facts and circumstances of the case."
3. After some arguments, learned counsel for the
Patna High Court CR. MISC. No.6351 of 2015(2) dt.01-04-2019 2/2 petitioner submitted that the matter be disposed off with liberty to the petitioner to raise all points available to him at the appropriate stage.
4. Learned A.P.P. does not oppose.
5. In view thereof, as prayed for by learned counsel for the petitioner, the matter stands disposed off with liberty aforesaid.
6. It goes without saying that if the petitioner files any application before the Court below at the appropriate stage, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar U