Sushant Kumar @ Sushant Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38392 of 2015 Arising Out of PS.Case No. -199 Year- 2014 Thana -MANSI District- KHAGARIA =========================================================== Sushant Kumar @ Sushant Yadav S/o Bharat yadav Chukti, P.S.- Mansi, DistrictKhagaria. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shankar Kumar S/o Yogendra Chaurasiya, Resident of Village-Maraiya, P.S.- Maraiya, District- Khagaria.

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-08-2017 The prayer for filing of the supplementary affidavit in the Court is rejected.

2. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 19.05.2015 passed by the learned Chief Judicial Magistrate, Khagaria in Manshi P.S. Case No.199 of 2014 whereby cognizance has been taken under Section 435 of the Indian Penal Code against the petitioner.

3. The petitioner is named in the first information

Patna High Court Cr.Misc. No.38392 of 2015 dt.24-08-2017 report. The allegations made in the first information report do attract ingredients of the offence alleged. The investigating agency found the allegation is true as against the petitioner.

4. In that view of the matter, I see no illegality in the order impugned.

5. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.08.2017 Transmission 25.08.2017 Date