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Patna High CourtCR. MISC./28519/2012dismissed

Harendra Prasad Srivastava v. The State Of Bihar

2015-02-20Mr. Justice Chakradhari Sharan Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28519 of 2012 ======================================================

1. Harendra Prasad Srivastava Kashinath Prasad Mukundia, PS-Gopalganj, District-Gopalganj. .... .... Petitioner

Versus

1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s: Mr. Sanjay Kr.Pandey(APP) For the informant: Mr. Jitendra. Kr. Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2015 The petitioner seeks quashing of an order dated 21.06.2012 passed by learned Additional Sessions Judge, Gopalganj in S. Tr. No. 309/11 whereby, he has rejected the petitioner's application under section 228 of the Code of Criminal Procedure.

I have perused the impugned order.

From the impugned order, it cannot be said that there is absolutely no material for petitioner's prosecution. I do not find any infirmity in the order of the learned Additional Sessions Judge-II, Gopalganj dated 21.06.2012, which is impugned in the present application.

This application is, accordingly, dismissed.

It goes without saying that the petitioner shall raise the plea, which is being raised in the present application, at the appropriate stage before the trial court.

(Chakradhari Sharan Singh, J) BKS/- U T