Santosh Kumar Gautam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29509 of 2012 ====================================================== Santosh Kumar Gautam .... .... Petitioner

Versus

1. The State of Bihar.

2. Narshingh Narayan Singh.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Anil Chandra, Advocate. For the State : Mr. Shailendra Kumar-I(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 06-04-2015 The petitioner seeks quashing of the order of cognizance dated 08.02.2012, passed in Rahui P.S. Case No. 113 of 2011, G.R. No. 1156 of 2011, by which the Chief Judicial Magistrate, Nalanda at Biharshariff, has taken cognizance against the petitioner and others under Sections 448, 323 and 307/34 of the I.P.C.

It is being submitted that even though the petitioner was named in the F.I.R., but he was not charge sheeted despite which the court below has taken cognizance even against the petitioner. Subsequently, a protest petition was also filed in which also the petitioner was not named.

Considering that the petitioner was named in the F.I.R., there was sufficient reason for having taken cognizance and hence

Patna High Court Cr.Misc. No.29509 of 2012 (3) dt.06-04-2015 2 / 2 I find no merit in this application, the same is rejected. The case diary received, be remitted to the court below immediately.

U.K./- (Anjana Prakash, J) U T