Nawal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44987 of 2014 Arising Out of PS.Case No. -52 Year- 2011 Thana -ASARGANJ District- MUNGER ====================================================== Nawal Sah son of Late Kutho Sah, Resident of Village - Asarganj, P.S. - Asarganj, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-07-2016 The present application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing of the order dated 29.11.2012 passed in Asarganj P.S. Case No.52 of 2011 whereby differing with the police report the learned Sub Divisional Judicial Magistrate, Munger, has taken cognizance of the offences punishable under Sections 406, 420 and 409 of the Indian Penal Code.

While arguing the matter, it has fairly been submitted by Mr. Rajesh Kumar, learned counsel for the petitioner, that due to efflux of time the matter in the court below has reached to the stage of framing of charge and an application under Section 239 of the CrPC seeking discharge has already been filed before the Magistrate concerned and is likely to be taken up soon. In that view of the matter, the present application is

Patna High Court Cr.Misc. No.44987 of 2014 (2) dt.29-07-2016 2/2 disposed of with liberty to the petitioner to raise all the points available to him before the Magistrate concerned. (Ashwani Kumar Singh, J) Md.S./- U T