Pratibha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14617 of 2023 Arising Out of PS. Case No.-226 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== PRATIBHA SINGH Wife of Dhruv Kumar Singh R/O- Ramchua, P.S.- Shambhuganj, Dist.- Banka, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-03-2023 Heard learned counsel for the parties.

This application is filed for quashing of the order dated 01.08.2022 passed by Chief Judicial Magistrate, Banka in G.R. No. 2680 of 2019, arising out of Sambhuganj P.S. Case No. 226 of 2019 whereby and whereunder learned Magistrate has taken cognizance against the petitioner under Sections 406, 409, 420, 467, 468/34 of the Indian Penal Code. The petitioner wants the quashing of the order taking cognizance and he wants this Court to examine all the defence which is being agitated by him before this Court. At the stage of cognizance, this Court cannot examine the defence of the petitioner threadbare, it is for the trial court to examine the defence of the petitioner at an appropriate stage, this application is dismissed with liberty to the petitioner to raise all the grounds

Patna High Court CR. MISC. No.14617 of 2023(2) dt.16-03-2023 2/2 at the stage of framing of charge.

(Sandeep Kumar, J) Ranjeet/- U T