Patna High CourtCR. MISC./52497/2013dismissed

Mukesh Singh v. State Of Bihar And ANR

2017-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52497 of 2013 Arising Out of PS.Case No. -158 Year- 2012 Thana -DIGHWARA District- SARAN ======================================================

1. Mukesh Singh S/O Sri Ram Naresh Singh R/O Village - Jalalpur, Police Station - Dariayapur, District - Saran At Chapra .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sanjit Kumar Son Of Sri Chandeshwar Singh R/O Village - Jagdishpur, Police Station - Dariayapur, District - Saran At Chapra .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Pronoti Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2017 Nobody appears on behalf of the petitioner.

The petitioner has challenged the order taking cognizance dated 29.06.2013 passed by Sri P.K. Choudhary, Judicial Magistrate, Saran at Chapra in Dighwara P.S.Case No.158 of 2012 for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Heard learned A.P.P. also, who has submitted that after submission of the charge-sheet by the police, the cognizance has been taken against the petitioner by the Judicial Magistrate, Saran at Chapra, as such there is no illegality in the aforesaid order. Yesterday (i.e. 19.01.2017) also, nobody appeared on behalf of the petitioner but as the last indulgence, the case was

Patna High Court Cr.Misc. No.52497 of 2013 (3) dt.20-01-2017 2/2 listed for today but today also, nobody appears on behalf of the petitioner.

Having heard both sides. From perusal of the record, it appears that the police, after investigation submitted charge-sheet against the petitioner and after perusal of the materials available on the record, the cognizance has been taken against the petitioner under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Hence, I find no illegality in the order taking cognizance. As such, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U