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Patna High CourtCR. MISC./42120/2013dismissed

Sabo Devi And ORS. v. State Of Bihar And ANR

2016-08-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42120 of 2013 Arising Out of PS.Case No. -105 Year- 2009 Thana -Rosera District- SAMASTIPUR ===========================================================

1. Sabo Devi W/O Late Ram Prakash Ram Resident Of Village- Mahraur P.S.- Rosera, District- Samastipur

2. Ram Sagar Ram S/O Late Chanchal Ram Resident Of Village- Dharha P.S.- Rosera, District- Samastipur

3. Chhotu Ram Son Of Ram Sagar Ram Resident Of Village- Dharha P.S.- Rosera, District- Samastipur

4. Gopal Ram Son Of Ram Sagar Ram Resident Of Village- Dharha P.S.- Rosera, District- Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sajan Kumar S/O Late Ram Prakash Ram Resident Of Village- Mahraur P.S.- Rosera, District- Samastipur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 11-08-2016 The petitioners have been made named accused in Rosera P.S.Case No. 105 of 2009 registered under Sections 364, 302 and 201/34 of the Indian Penal Code. On completion of investigation, the police submitted charge-sheet against the petitioners. 2.

After perusing the materials available on record including the statements of witnesses recorded under Section 161(3) of the Code of Criminal Procedure and the police report submitted under Section 173(2) of the Code of Criminal Procedure, the learned A.C.J.M., Rosera, Samastipur took cognizance of the offence vide

Patna High Court Cr.Misc. No.42120 of 2013 dt.11-08-2016 2/2 order dated 15th July, 2013. The aforesaid order dated 15th July, 2013 is under challenge in the present application preferred under Section 482 of the Code of Criminal Procedure.

3.

Regard being had to the allegations made in the FIR, as contained in Annexure-1 to the present application, which has been found true during investigation, I see no illegality in the impugned order passed by the learned Magistrate.

4.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE ---- Uploading Date 16.08.2016 Transmission Date 16.08.2016