Patna High CourtCR. MISC./42967/2013dismissed

Ramesh Sahani @ Ramesh Kumar Sahani v. State Of Bihar And ANR

2017-04-11Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.42967 of 2013 dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42967 of 2013 Arising Out of PS.Case No. -144 Year- 2007 Thana -BIBHUTIPUR District- SAMASTIPUR =========================================================== Ramesh Sahani @ Ramesh Kumar Sahani, Son of Late Ramautar Sahani, Resident of Village- Patelia, P.S. Bibhutipur, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shravan Kumar Sahani, Son of Maharana Sahani, Resident of Village- Patalia, P.S. Bibhutipur, District- Samastipur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 11-04-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 18.01.2011 passed in Bibhutipur P.S. Case No. 144 of 2007 corresponding to S.T. No. 521 of 2011, whereby the learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur, took cognizance of the offence, under Sections 147, 148, 149, 323, 324, 504 and 307 of the Indian Penal Code, on perusal of charge sheet and the materials available in the case diary and accordingly, summoned the accused-petitioners.

3. On going through the impugned order, I find no

Patna High Court Cr.Misc. No.42967 of 2013 dt.11-04-2017 illegality amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date