Tejbali Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23328 of 2015 Arising Out of PS. Case No.-52 Year-2013 Thana- GOPALPUR District- Gopalganj ====================================================== Tejbali Miyan S/o Akbar Miyan Resident of Village Lachpur, P.S. Gopalpur, District Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Narsing Tantiapp ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 No one appears on behalf of the petitioner even on second call.

Petitioner in the present case is seeking quashing of the order dated 24.07.2014 passed by learned Chief Judicial Magistrate, Gopalganj in Tr. No. 1458/2014 (arising out of Gopalpur P.S. Case No. 52/2013 under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379, 427 of the I.P.C. This court has perused the records. It appears that in the First Information Report there are allegations against the petitioner that he was one amongst the persons who had assembled lashed with deadly weapon and had indulged in assault on the brother of the informant. After investigation police has submitted a charge-sheet and the learned Magistrate has taken cognizance after being satisfied with the materials

Patna High Court CR. MISC. No.23328 of 2015(2) dt.29-11-2019 2/2 available on the record to proceed against the petitioner. In the present petition, the petitioner has submitted that at the time of alleged occurrence he was doing the work of Carpenter Mistri on the order of District Administration and he was not present at the place of occurrence, therefore it cannot be involved in the present case.

In the opinion of this court, such question of facts cannot be gone into by this court at this stage. The application is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T