Shambhu Mukhiya And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38050 of 2014 Arising Out of PS.Case No. -410 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Shambhu Mukhiya Son of Raja Mukhiya, resident of Village - Kamalpur, Police Station - Biraul, District - Darbhanga.

2. Amit Mukhiya Son of Shambhu Mukhiya resident of Village - Kamalpur, Police Station - Biraul, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lal Babu Sahni, Son of Rambali Sahni, resident of Village - Tarwara, Police Station - Biraul, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivek Anand Kumar, Advocate.

For the State :

Mr. Nagendra Prasad (App) For the O.P. No. 2 :

Mr. S.Bharti, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioner seeks quashing of the cognizance order dated passed by the Judicial Magistrate 1st Class, Biraul at Benipur in Complaint Case No. 410 of 2013 thereby taking cognizance of offence under Section 323 and 504/34 of the Indian Penal Code. Having considered the submissions of both sides, this application is disposed of giving liberty to the petitioners to raise issue at the appropriate stage.

(Arun Kumar, J) Sujit/- U