Ujjawal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18514 of 2015 Arising Out of PS.Case No. -650 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Ujjawal Kumar S/o Sri Sheo Nath Singh Resident of Globe House, Near Ashok Nagar, Gate No. 1, Opp- Manoj Opticals Kadru Road, Ranchi, 834002, Jharkhand.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dharamsheela Devi wife of Dinanath Tiwary R/o Gunasej, VillageGunasej, P.O.& P.S.- Dinara, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nishant Kumar Jha, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-04-2015 In this application filed under section 482 of the Code of Criminal Procedure, the petitioner has challenged the summoning order dated 28.02.2014 passed by the learned Sub Divisional Judicial Magistrate, Bikramganj (Rohtas) in Complaint Case No. 650 of 2013.

A perusal of the order would show that in course of enquiry under section 202 of the Code of Criminal Procedure three witnesses, namely, Dina Nath Tiwari, Bandana kumari and Munna Pandey were examined. The petitioner has not annexed the statement of those three witnesses in the present application. In absence of the statement of the witnesses recorded under section 202 of the Code of Criminal Procedure,

Patna High Court Cr.Misc. No.18514 of 2015 (2) dt.30-04-2015 2/2 I find it difficult to decide this case on merits. In that view of the matter, the application is disposed of with liberty to the petitioner to file another application before this Court in the same subject matter after bringing on record all the relevant documents.

(Ashwani Kumar Singh, J) Pradeep/- U T