Mahanth Lal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22969 of 2015 Arising Out of PS. Case No.-655 Year-2009 Thana- COMPLAINT CASE District- Araria ====================================================== Mahanth Lal Sah s/o late Sukdeo Sah, village- Jalalgadh, P.S.- Jalalgadh District- Purnea.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jayanti Prasad Mandal, S/O late Harihar Mandal, Village- Ghat Chikni, P.S.- Kursakanta, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-12-2019 Heard learned counsel for the parties.

2. The petitioner has challenged the order of cognizance dated 16.06.2019 passed in Complaint Case No.655C of 2009 whereby cognizance has been taken for the offences under Sections 467, 468 and 120B of the Indian Penal Code.

3. During pendency of this application charges have already been framed against the petitioner and others. Petitioner has pleaded not guilty and claimed to be tried.

4. The petitioner did not make any prayer for discharge before the Court-below nor any information was

Patna High Court CR. MISC. No.22969 of 2015 dt.10-12-2019 2/2 supplied to the Court-below that the order of cognizance has been challenged before this Court in an application under Section 482 of the Code of Criminal Procedure. Once the petitioner has subjected to the jurisdiction of the Court below it would not be just and proper to exercise power under Section 482 Cr.P.C. Hence, this application stands dismissed. (Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploadin 14.12.2019 Transmission Date 14.12.2019