Harish Chandra And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20606 of 2015 Arising Out of PS.Case No. -784 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Harish Chandra, S/o Late Ramdhani Yadav
2. Dinesh Yadav
3. Deodutt Yadav
4. Rajesh Yadav All sons of Harishchandra Yadav, residents of Village - Damar Bigha, P.S. Manpur, District - Nalanda.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Naresh Yadav s/o Late Prameshwar Yadav, residents of Village - Damar Bigha, P.S.- Manpur, District - Nalanda.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhaya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-06-2015 The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 25.07.2014 passed in Complaint Case No. 784 of 2014 by the learned Judicial Magistrate, 1st Class, Biharsharif at Nalanda by which the petitioners have been summoned to face trial for the offences punishable under Sections 323 and 504 read
Patna High Court Cr.Misc. No.20606 of 2015 (2) dt.22-06-2015 2 / 2 with 34 of the Indian Penal Code.
The allegations made in the complaint do attract the ingredients of the offences alleged. The complainant has supported the allegations in his statement recorded on oath. Certain witnesses examined in course of inquiry have also supported the complainant's version.
After having taken into consideration the materials available on record, the learned Magistrate has found a prima facie case to be made out under Sections 323 and 504 read with 34 of the Indian Penal Code and summoned the petitioners to face trial vide impugned order dated 25.07.2014. I find no illegality in the order impugned.
Accordingly, the application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T