Manju Devi And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.51113 of 2014 (2) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51113 of 2014 Arising Out of PS.Case No. -376 Year- 2010 Thana -BIHTA District- PATNA ====================================================== Manju Devi & Anr.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Kant Kumar, Adv. For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 23-04-2015 The petitioners seek quashing of the order dated 09.01.2013 by which the Additional Chief Judicial Magistrate, Danapur, Patna deferred with the final report submitted in Bihta P.S. Case No. 376 of 2010 has taken cognizance on 09.01.2013. It has been submitted on behalf of the petitioners that since police submitted final report, the Court should not have differed with the same.

I am unable to convince myself on such argument since it is well within the powers of the Magistrate to do so especially when there is an allegation against the petitioners of having assaulted the deceased on account of which she died . Hence, I see no merit in the application, the same is rejected.

(Anjana Prakash, J) Prakash/- U T