Patna High CourtCR. MISC./53849/2013dismissed

Sanjay Singh v. State Of Bihar And ANR

2018-01-31Mr. Justice Madhuresh Prasad1 pages

Patna High Court Cr.Misc. No.53849 of 2013 dt.31-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53849 of 2013 Arising Out of PS.Case No. -94 Year- 2013 Thana -JAGDIHSPUR District- BHOJPUR =========================================================== Sanjay Singh Son Of Late Bhola Singh Resident Of Village- Khadara Chamar Toli, P.S.- Jagdishpur, District- Bhojpur .... .... Petitioner

Versus

1. The State Of Bihar

2. Madan Choudhary S/O Kamala Choudhary Resident Of Village- Aniatha, P.S.- Nawada Arrah, District- Bhojpur .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Sunil Kr. Yadav, Advocate For the Opposite Parties : Mr. Pushpa Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 31-01-2018 Heard the counsel for the petitioner and the APP for the State.

Counsel for the petitioner submits that from the perusal of the FIR it would be apparent that the petitioner has been named in the case only on the basis of hearsay evidence. In the opinion of the Court, allegations made in the FIR are sufficient for taking cognizance against the petitioner. Whether actually he is involved in the offence or not, the matter can only be determined in the trial. As such, no case for quashing the order taking cognizance is made out against the petitioner. The quashing petition is dismissed.

(Madhuresh Prasad, J) Shashi.

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