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Patna High CourtCR. MISC./27068/2012allowed

Nunu Jha v. The State Of Bihar

2015-03-23Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27068 of 2012 ====================================================== Nunu Jha Son Of Late Hare Kant Jha Resident Of Village - Mehath, Police Station - Bhairab Asthan, District - Madhubani. .... .... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. S.Ehteshamuddin (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 23-03-2015 The petitioner seeks quashing of the order of cognizance dated 27.04.2011 passed by the Judicial Magistrate, Madhubani in Complaint Case No. 378 of 2011 under Section 379 of the Indian Penal Code.

The case of the complainant is that the petitioner is owner of Tata 407 bearing registration No B.R. 079-044B which was plying for passengers. The complainant was traveling in the bus and his luggage was kept by the staff of the bus at the assigned place. When the complainant unboarded the bus he found his V.I.P missing.

It has been submitted on behalf of the petitioner that evidently the case is based merely on suspicion without any cogent support of the same.

Counsel appearing for the informant submitted that the

Patna High Court Cr.Misc. No.27068 of 2012 (3) dt.23-03-2015 2/2 petitioner was involved in theft of the articles and he should be punished.

Having considered the facts of the case mentioned above, the application stands allowed. The order of cognizance dated 27.04.2011 passed by the Judicial Magistrate, Madhubani in Complaint Case No. 378 of 2011, is hereby set aside. (Anjana Prakash, J) Prakash/- U T