Kamal Devi @ Kamla Devi And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50387 of 2014 Arising Out of PS.Case No. -229 Year- 2012 Thana -MADHUBANI TOWN DistrictMADHUBANI ===========================================================
1. Kamal Devi @ Kamla Devi, wife of Late Sone Lal Sah, resident of Mohalla- Maharajganj, Madhubani, Police Station- Town, (Nagar), District- Madhubani
2. Raj Kumar Sah son of Late Mahadeo Sah, resident of village- Madhepur, Police Station- Madhepur, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rahul Kumar son of Sri Mahendra Sah, resident of Mohalla- Churi Bazar, Ward No.- 16, Police Station- Town (Nagar), District- Madhubani .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar1, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-08-2016 The challenge to the order dated 29.3.2014/31.3.2014 passed by the Chief Judicial Magistrate, Madhubani in Town P.S. Case no. 229 of 2012 taking cognizance of the offence in the present application is thoroughly misconceived.
2. A case under Sections 364, 326, 302 and 201/32 of the Indian Penal Code was registered against the petitioners. On completion of investigation finding the allegation to be true they were sent up for trial. On appreciation of materials being available on record, the Magistrate took cognizance of the offences and taking into consideration that some of the offences are exclusively triable by a
Patna High Court Cr.Misc. No.50387 of 2014 dt.05-08-2016 2/2 court of session, he has committed the case to the court of session. In course of argument, no illegality in the impugned order could be pointed out by the learned counsel for the petitioners.
3. On perusal of the materials available on record, I also could not find any illegality in the impugned order dated 29.3.2014/31.3.2014 passed by the learned Chief Judicial Magistrate, Madhubani. No other legal point has been argued by the learned counsel for the petitioners.
4. Thus, the application, being devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date