Shashi Bhushan Singh v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5434 of 2011 Arising out of P.S. Case No. -2593C Year- 2009 Thana - Complaint Case District- PATNA ======================================================== Shashi Bhushan Singh S/o Sri Baidyanath Pd. Singh Resident of Village- Ibrahimpur, Parsauni, P.S.- Phenhara, District- East Champaran, At Present Posted At Patliputra Police Station, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sailesh Singh S/o Satya Narayan Singh Resident of Baba Chowk, Keshri Nagar, P.S.- Shastri Nagar, District- Patna. .... .... Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s: Mr. APP.

======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 25-04-2016 The Petitioner seeks quashing of the order of cognizance dated 05.12.2009 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2593C of 2009.

The case of the Complainant is that the Police personnel had demanded illegal gratification from him and when he refused he was assaulted and brought to the Police Station.

The Petitioner submits that the Complainant is a notorious criminal and accused in eleven cases and it was for this reason that he had been brought to the Police Station and in order to create a defence the present Complaint has been filed.

Patna High Court Cr.Misc. No.5434 of 2011 dt.25-04-2016 Having considered the aforesaid, the entire proceeding as against all the accused persons including the order of cognizance dated 05.12.2009 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2593C of 2009 is, hereby, set aside.

The application stands allowed.

Vikash/- (Anjana Prakash, J.) AFR/NAFR NAFR CAV DATE X Uploading Date 10.05.2016 Transmission Date 10.05.2016