Md. Sakil v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26910 of 2013 Arising Out of PS.Case No. -57 Year- 2009 Thana -BUDDHACOLONY District- PATNA ====================================================== Md. Sakil S/o Md. Himmat Ali Resident of Village Uirauli, P.S. Belsar, District Vaishali, Bihar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Mainawati Devi W/o Kashinath Sharma Resident of Harpur, P.S. Mashrakh, District Chappra.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Indra Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-04-2016 The sole petitioner, who is accused in a gang rape, has invoked inherent jurisdiction of this Court for quashing of an order dated 24-06-2009, whereby the learned Magistrate has taken cognizance of offence under Sections 366, 376 and 395 of the Indian Penal Code. In this case, cognizance order has been passed against five accused persons.

I have perused the material on record including the impugned order. I do not find any ground to interfere. The petition stands dismissed.

Keeping in view the fact that order of cognizance was passed in the year 2009 itself, while dismissing the present petition, it is desirable to observe that learned court below may

Patna High Court Cr.Misc. No.26910 of 2013 (2) dt.19-04-2016 2/2 take appropriate step for early disposal of this case. Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J.) Anay U T