Raj Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1447 of 2013 Arising Out of PS.Case No. -114 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE District- - ====================================================== Raj Kumar Pandey S/O Mahabir Prasad R/O Mohalla New Jakkanpur, Near Gauriamath, P.S. Jakkanpur, District Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Birendra Rajak S/O Upendra Rajak R/O Village Patahi, P.S. Sadar, District Muzaffarpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Mr. Mazharul Hassan, learned counsel for Opp.Party no.2.

In the present petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of an order dated 01.06.2010 passed by learned Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case no.114/2010, Tr. No.3627/2010. By the said order, the learned Magistrate has taken cognizance of offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.1447 of 2013 (10) dt.11-03-2016 2/2 petitioner has falsely been implicated and even on perusal of complaint, no case is made out, whereas after examining the material available on record, I do not find any defect in the order of cognizance, The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U