Yogendra Prasad And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37382 of 2015 Arising Out of PS. Case No.-208 Year-2014 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Yogendra Prasad son of Late Ramdas Prasad, Resident of village- Sirisiya, P.S.- Kuchaikote, District- Gopalganj. At present resident of Adhiwakta Nagar, P.S. District- Gopalganj 2.

Mukesh Kumar son of Late Narad Prasad, Resident of village- Purani Chouk, Gopalganj, P.S. District- Gopalganj ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Chandan Kumar son of Late Shatrudhan Prasad, resident of village- Purani Chouk, Gopalganj, P.S. District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-02-2023 Heard the parties.

The application is for the quashing of the order taking cognizance passed by the Chief Judicial Magistrate, Gopalganj in Gopalganj Town P.S. Case No. 208 of 2014, G.R.No. 1508 of 2014 dated 01.04.2015 whereby and whereunder cognizance was taken under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

In the present case, the learned Chief Judicial Magistrate, Gopalganj after differing from the police report took cognizance in the matter on 1.4.2015. Aggrieved, the petitioners

Patna High Court CR. MISC. No.37382 of 2015(2) dt.25-02-2023 2/2 moved before the learned Sessions Judge in Cr. Rev. No. 355 of 2015 and the same came to be dismissed by the learned Additional Sessions Judge, IV, Gopalganj on 3.6.2015 in which he has given reason for affirming the cognizance order of the learned Chief Judicial Magistrate, Gopalganj. In view of the reasoned order that has been passed by the learned Additional Sessions Judge, IV, Gopalganj on 30.6.2015, no interference is required.

Accordingly, the petition stands dismissed with liberty to raise all the points before an appropriate Court at an appropriate stage .

(Rajiv Roy, J) Ajay Singh/- U T