Ramchandra Thakur And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66 of 2015 Arising Out of PS.Case No. -346 Year- 2010 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Ramchandra Thakur

2. Jitendra Kumar

3. Surendra Thakur @ Surendra Kumar

4. Satyanarayan Pradhan

5. Kulanand Jha

6. Brajbhushan Purbey.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the State : Mr. Jharkhandi Upadhyaya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-08-2015 In the present application filed under Section 482 of the Code of Criminal Procedure. The petitioners seek quashing of the summoning order dated 2.07.2014 passed by the learned Judicial Magistrate, 1st class, Darbhanga in Misc. Case No. 29 of 2013 arising out of C.R. No. 112 of 2013.

From perusal of the order dated 02.07.2014, it would appear that in the complaint case, the complaintant was examined on oath and certain other witnesses were examined on behalf of the complainant in course of enquiry conducted under Section 202 of the Criminal Procedure.

The petitioners have not annexed the statement of the

Patna High Court Cr.Misc. No.66 of 2015 (2) dt.11-08-2015 2/2 complainant and statements of the witnesses examined in course of enquiry alongwith the present application. In absence of those statements, I find it difficult to ad-judicate the matter. Accordingly, the application is dismissed with liberty to the petitioners to file another application after bringing on record all the relevant documents and statements in the same subject matter. (Ashwani Kumar Singh, J) Sudha/- U T