Abdul Majid v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44609 of 2014 Arising Out of PS. Case No.-20 Year-2011 Thana- Mahua District- Vaishali ====================================================== Abdul Majid, son of Late Roja Mian, resident of Village - Bande Usaraba, Police Station - Patori, District - Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Madina Khatoon @ Maduna Khatoon, wife of Late Azahar Ali, resident of Village - Chakisa, Police Station - Jandaha, District - Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and Sri Rana Randhir Singh, learned Addl. Public Prosecutor. The present petition has been filed by the sole petitioner under Section 482 of the Code of Criminal Procedure against an order dated 25.08.2012, whereby the learned Chief Judicial Magistrate, Vaishali at Hajipur after submission of chargesheet in G.R. No.202 of 2011 , T.R.No.4947 of 2013 arising out of Mahua P.S. Case No.20 of 2011, has taken cognizance under Sections 466, 467, 468, 471 of the Indian Penal Code and directed for summoning the accused persons.

Learned counsel for the petitioner tried to persuade the Court that the order is not sustainable in the eye of law. However, cognizance order was passed after submission of

Patna High Court Cr.Misc. No.44609 of 2014(2) dt.08-09-2017 2/2 chargesheet.

The Court is of the opinion that there is no apparent error in the impugned order. Accordingly, I do not find any ground to interfere with the matter. The petition stands dismissed. However, it is made clear that the petitioner would be at liberty to avail remedy at the appropriate stage before the court below.

(Rakesh Kumar, J) nawalkrs/- U T