Dharmendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49135 of 2012 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49135 of 2012 ====================================================== Dharmendra Kumar son of Surendra Prasad Sinha, resident of villageDaruara, P.S. Noorsarai, District-Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate. For the Opposite Party/s : Mr. Anil Kumar Singh -1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for quashing the cognizance order dated 22.08.2012 passed by the learned Chief Judicial Magistrate, Nalanda in connection with Sohsarai P.S.Case No.104 of 2011 for the offence alleged under Sections 406, 420 and 120B Indian Penal Code.

It is submitted that the petitioner has been falsely implicated in a completely concocted case and final report has been submitted after due investigation by the police. Be that as it may, a perusal of the impugned order dated 22.08.2012 discloses that a prima facie case has been found against the petitioner having regard to the accusations in the FIR and the materials available on record.

In that view of the matter, this Court find no

Patna High Court Cr.Misc. No.49135 of 2012 (2) dt.30-04-2015 infirmity in the impugned order of cognizance. The petition stands disposed of with liberty to the petitioner to raise all the points at the appropriate stage before the learned Court below.

(Vikash Jain, J) B.Kr./- U T