Patna High CourtCR. MISC./20901/2023dismissed

Satish Singh @ Satish Kumar Singh v. The State Of Bihar

2023-10-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20901 of 2023 Arising Out of PS. Case No.-61 Year-2018 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== SATISH SINGH @ SATISH KUMAR SINGH Son of Harishankar Singh R/V- Madhuri, Marjadwa P.O and P.S- Puroshotampur, Dist-West Champaran 845306 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyamlendra Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2023 The application has been filed under Section 482 of the CrPC putting to challenge an order dated 27.08.2019, taking cognizance of the offences punishable under Section 341, 323, 324, 504 read with Section 34 of the IPC. The petitioner is an accused in Purushottampur P.S. Case No. 61 of 2018 in which chargesheet has been submitted by the police upon completion of the investigation whereafter cognizance has been taken.

2. Learned counsel appearing on behalf of the petitioner has submitted that there has been unexplained delay of 11 days in lodging of the FIR. The petitioner is a student and he has been falsely implicated in the criminal case.

3. It is, however, not the submission advanced on

Patna High Court CR. MISC. No.20901 of 2023(2) dt.16-10-2023 2/2 behalf of the petitioner that the allegations made in the FIR do not constitute an offence. In such circumstance, if the court below has taken cognizance after submission of chargesheet by the police with reference to the materials collected during the course of investigation, I do not find any illegality which would require this Court's interference in exercise of power under Section 482 of the CrPC. This application stands dismissed.

4. It goes without saying that the petitioner shall be at liberty to take the grounds which have been taken by him in the present application at the stage of framing of charge or at any other stage, in accordance with law.

(Chakradhari Sharan Singh, J) nishant/- U T