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Patna High CourtCR. MISC./22973/2015dismissed

Arun Kumar And ORS v. State Of Bihar And ANR

2015-09-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22973 of 2015 Arising Out of PS.Case No. -1593 Year- 2008 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ===========================================================

1. Arun Kumar.

2. Anil Kumar. @ Anil Kumar Sharma Both sons of Late Nand Bihari Sharma.

3. Shekhar Kumar @ Chandra Shekhar Sharma son of Late Awadh Bihari Sharma.

4. Abhishek Kumar @ Tinku Kumar, son of Arun Kumar. All resident of village Shamsher Nagar, P.S. Daud Nagar, District Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dr. Ram Bihari Sharma, son of Late Chandradeo Sharma, resident of village Shamsher Nagar, P.S. Daud Nagar, District Aurangabad, at present residing at Canal Road, Jakhi Bigha, Dihri, P.S. Dihri, District Rohtas. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar @ Alok Kumar Shahi, Adv. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

In the present application filed under section 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 17.01.2015 passed by the learned Judicial Magistrate 1st Class, Dehri-on-Sone, Rohtas in Complaint Case No. 1593 of 2008, by which the petition filed by the petitioners for discharge has been rejected.

On a perusal of the allegations made in the complaint,

Patna High Court Cr.Misc. No.22973 of 2015 dt.04-09-2015 2/2 which has been supported by the complainant and witnesses examined in course of enquiry, learned Magistrate has recorded that there are sufficient materials available on record for explaining the substance of accusation of the petitioners. Accordingly, their application for discharge has been dismissed. I have perused the complaint. The allegations made in the complaint make out certain offences under which cognizance has been taken. The learned Magistrate has passed a reasoned order giving details of the fact. I find no illegality in the order passed by the learned Magistrate.

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

(Ashwani Kumar Singh, J) Pradeep/- U T