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Patna High CourtCR. MISC./25545/2013dismissed

Chitranjan Singh @ Chitranjan Prasad Verma And ORS v. The State Of Bihar

2016-04-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25545 of 2013 Arising Out of PS.Case No. -80 Year- 2011 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Chitranjan Singh @ Chitranjan Prasad Verma S/O Late Gwal Mahto

2. Sanjeet Singh @ Sanjeet Kumar S/O Sri Chitranjan Prasad Verma Both residents of Village- Murhara, P.S.- Shakurabad, DistrictJehanabad

3. Bajrangi Bind S/O Late Mahabir Bind, Resident of Village- Haminpur, P.S.- Shakurabad, District- Jehanabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abinash Kumar, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-04-2016 Heard Sri Abinash Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. The petitioners have prayed for quashing of order of cognizance dated 07.03.2013 in Shakurabad P.S. Case no.80 of 2011. By the said order, the learned Chief Judicial Magistrate, Jehanabad has taken cognizance of offence under Section 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. It was submitted by learned counsel for the petitioners that though the petitioners were made accused in the F.I.R., the police after investigation had submitted final report in favour of the petitioners and the learned Magistrate differing with the police

Patna High Court Cr.Misc. No.25545 of 2013 (2) dt.01-04-2016 2/2 report has passed order of cognizance.

I have perused the order of cognizance, which indicates that while differing with the police report, the learned Magistrate has referred certain paragraphs of the case diary. Apparently, there is no error in the order impugned warranting interference. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U