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Patna High CourtCR. MISC./49035/2012disposed

Lal Bahadur Singh v. The State Of Bihar

2015-05-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49035 of 2012 Arising Out of PS. Case No. -152 Year- 1996 Thana - Revilganj District- Saran at Chapra =========================================================== Lal Bahadur Singh, son of Late Ram Chandra Singh, Resident of Village- Nawaji Tola, P.S.- Chapra Muffasil, District- Saran At Chapra .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ram Binod Singh, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 14-05-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed for quashing the order dated 18.12.2010 passed by the learned Chief Judicial Magistrate, Saran at Chapra taking cognizance with Revilgnaj P.S. Case No. 152 of 1996 for the offences under Sections 409, 420, 467, 468 and 120-B of the Indian Penal Code.

3. A perusal of the impugned order dated 18.12.2010 shows that the same has been passed with due application of mind on the basis of charge sheet and case dairy, and after finding a prima facie case was made out against the petitioner on the basis of accusations in the FIR, cognizance has been taken.

4. Considering the above, this Court is not inclined to

Patna High Court Cr.Misc. No.49035 of 2012 dt.14-05-2015 2/2 interfere with the impugned order at this stage.

5. The petition stands disposed of with liberty to the petitioner to raise all points appropriately at the time of framing of charges.

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