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Patna High CourtCR. MISC./26066/2021dismissed

Deepak Sah v. The State Of Bihar

2023-08-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26066 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== Deepak Sah Son Of Shatrughan Sah @ Shatrudhan Sah R/O VillageBhawanipur, P.S.- Singheshwar, Dist.- Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Guriya Devi Wife Of Late Rajendra Goswami R/O Village- Bhawanipur, P.S.- Singheshwar, Dist.- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2023 Heard learned counsel for the parties.

Learned counsel for the petitioner has vehemently argued the case and has submitted that the impugned order is illegal as the petitioner was exonerated and Final Form was submitted but the Magistrate has taken cognizance differing with the Final Form.

Learned Magistrate has given detailed reasons for taking cognizance against the petitioner and has discussed the materials available in the case diary against the petitioner. In these circumstances, the impugned order is perfectly legal and justified and the same cannot be interfered with.

Patna High Court CR. MISC. No.26066 of 2021(2) dt.07-08-2023 2/2 Accordingly, this application is dismissed with liberty to the petitioner to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Guddu/- U T