Ramchandra Ram @ Ramchandra Ravidas v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49377 of 2015 Arising Out of PS. Case No.-292 Year-2015 Thana- HILSA District- Nalanda ====================================================== Ramchandra Ram @ Ramchandra Ravidas son of Late Ganauri Ravidas resident of Mohalla Bihari Road Hilsa, P.S. Hilsa, District Nalanda. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sarswati Devi wife of Late Bilas Das @ Bilka Das resident of Mohalla Bihari Road, P.S. Hilsa, District Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.U.S.P.Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2023

1. Heard the parties.

2. This application has been filed for quashing the order dated 02.07.2015 passed by the learned A.C.J.M. Hilsa in Hilsa P.S. Case No. 292/2015, G.R. No. 1127/2015 by which the Court below has taken cognizance for the offences punishable under Sections 147, 149, 323, 379, 504 of the I.P.C.

3. As per the prosecution case, the allegation against the petitioner is that on 26.05.2015 when the informant

Patna High Court CR. MISC. No.49377 of 2015(3) dt.20-07-2023 2/3 was getting boundary wall erected on the land in question then the petitioner along with 15 unknown persons armed with deadly weapon came there and started assaulted the informant and they took away two Bhar and Cash of Rs. 3200/- also.

4. Notice is validly served.

5. Though O.P. No. 2 has received notice but she has not appeared till date.

6. Learned counsel for the petitioner has submitted that the petitioner is innocent, he has not committed any offence and he has falsely been implicated in this case due to land dispute.

7. Learned APP for the State has vehemently opposed the prayer of the petitioner.

8. By the impugned order, it appears that the cognizance has been taken on a printed format.

9. In view of the law laid down by this Court in case of Nokia Siemens Network India Private Limited vs. The State of Bihar passed in Cr. Misc. No. 34891 of 2013, this application is allowed.

10. The cognizance order dated 02.07.2015 passed by the learned A.C.J.M. Hilsa in Hilsa P.S. Case No. 292/2015, G.R. No. 1127/2015 is hereby quashed.

Patna High Court CR. MISC. No.49377 of 2015(3) dt.20-07-2023 3/3

11. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T