Patna High CourtCR. MISC./23980/2013dismissed

Md. Mohsin Alam @ Haji Mohsin v. State Of Bihar And ANR

2016-08-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23980 of 2013 Arising Out of PS.Case No. -63 Year- 2009 Thana -BALRAMPUR District- KATIHAR ====================================================== Md. Mohsin Alam @ Haji Mohsin S/O Late Ilyas Resident Of VillageMallickpur, P.S- Balrampur, District- Katihar. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Dhanpati Kumar Singh S/O Late Shital Prasad Singh Resident Of Village- Dahal, P.S- Balrampur, (Telta O.P), District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hilal Ahmad, Adv. For the Opposite Party/s : Mr. Murlidhar (APP) For the Informant : Mr. Munsowir, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and counsel for the State as also counsel for the Informant. In this case, the petitioner is challenging the order taking cognizance dated 6.9.2011 passed by learned Chief Judicial Magistrate, Katihar in Balrampur (Telta) P.S. Case No. 63 of 2009 (G.R. No. 1980 of 2009).

In the First Information Report, an allegation has been made against the petitioner to have assisted in kidnapping and taking away the girl.

Learned counsel for the petitioner has submitted that in the statement under Section 164 of the Cr.P.C., the victim girl has not taken the name of the petitioner. Learned counsel for the

Patna High Court Cr.Misc. No.23980 of 2013 (6) dt.03-08-2016 petitioner has further submitted that the victim girl has already entered into marriage with other person.

Learned counsel for the Informant has submitted that the subsequent event is not to be looked into for the offence committed by the petitioner.

Looking to the entire facts and circumstances of the case, this Court is not inclined to interfere with the order taking cognizance at this stage.

This application is, accordingly, dismissed.

However, liberty is given to the petitioner to raise all the points at appropriate stage.

(Shivaji Pandey, J) Rishi/- U T