Patna High CourtCR. MISC./21932/2016disposed

Anil Kumar Yadav And ORS v. State Of Bihar And ANR

2017-05-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21932 of 2016 Arising Out of PS.Case No. -1384 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Anil Kumar Yadav, S/o Rajendra Prasad Yadav, Resident of MohallaChhawani, Ward No. 5, P.S.- Bettiah Town, District- West Champaran.

2. Tanjeem Husain @ Tanjeem Hussain S/o Ahmad Hussain Resident of Mohalla- Hirja Tola, P.S.- Kalibagh, O.P. District - West Champaran.

3. Prashant Kumar, S/o Mahendra Kapoor, Resident of Mohalla- Purani Gudari, Ward No. 9, P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Jamil Akhtar, Son of Late Md. Rasool, Resident of Mohalla- Mirja Tola, Ward No. 6, P.S- Kalibagh O.P, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar No.1, Advocate For the State : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioners and learned APP for the State.

The present application has been filed for quashing of the order dated 20.11.2015, passed by the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in Complaint Case No.1384C/2015, whereby the process has been directed to be issued after cognizance being taken for the offences punishable under sections 384, 467, 468 and 506 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that for a civil nature of dispute the criminal prosecution has been

Patna High Court Cr.Misc. No.21932 of 2016 (2) dt.23-05-2017 2/2 lodged to harass the petitioners. However, learned counsel for the petitioners very fairly submits that evidence at the pre charge level under section 244 of the Code of Criminal Procedure is going on. In view of the changed stage of the trial, the present application is disposed of with liberty to the petitioner to raise all the contentions at the appropriate stage of the proceeding. (Dinesh Kumar Singh, J) Ashwini/- U T