Manoj Kumar Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13194 of 2013 Arising Out of PS.Case No. -27 Year- 2012 Thana -MAHILA P.S. District- SAHARSA ===========================================================
1. Manoj Kumar Singh, son of Fuleshwar Prasad Singh
2. Dilip Kumar Singh, son of Fuleshwar Prasad Singh
3. Sanjeev Kumar Singh, son of Fuleshwar Prasad Singh
4. Fuleshwar Prasad Singh, son of Late Gujai Singh
5. Bachhi Devi, wife of Fuleshwar Prasad Singh All are residents of Retauli, P.S. Pipra, District -Supaul .... .... Petitioners
Versus
1. The State of Bihar
2. Reshma Kumari, wife of Prabhash Kumar Singh, daughter of Dukhi Singh Resident of Azad Chouk, Gangala Ward No.9, Saharsa, P.S. Saharsa, District - Saharsa .... .... Opposite Parties =========================================================== Appearance :
For the Petitioners : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-07-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed for quashing the order dated 03.12.2012 passed in Sahasa Mahila P.S. Case No.27 of 2012 by which the learned Chief Judicial Magistrate, Saharsa has taken cognizance of offences under Sections 341, 323, 504, 498A read with Section 34 of the Indian Penal Code and directed issuance of process against the petitioners.
3. A perusal of the impugned order dated 03.12.2012 shows that the same has been passed with due application of mind on
Patna High Court Cr.Misc. No.13194 of 2013 dt.09-07-2015 2/2 the basis of charge sheet and case dairy, and after finding a prima facie case was made out against the petitioners on the basis of accusations in the FIR, cognizance has been taken.
4. Considering the above, this Court is not inclined to interfere with the impugned order at this stage.The petitioners will be at liberty to raise all points appropriately at the time of framing of charges.
5. The petition, accordingly, stands dismissed. (Vikash Jain, J) B.T/- U T