Patna High CourtCR. MISC./2284/2014dismissed

Rahul Kumar @ Bablu And ORS. v. State Of Bihar And ANR

2016-11-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2284 of 2014 Arising Out of PS.Case No. -10 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Rahul Kumar @ Bablu S/O Bhuneshwar Prasad Resident Of Village Khizersarai, Police Station Khizersarai, District Gaya.

2. Rajeev Kumar S/O Bhuneshwar Prasad Resident Of Village Khizersarai, Police Station Khizersarai, District Gaya.

3. Bhuneshwar Prasad S/O Late Deo Sharan Ram Resident Of Village Khizersarai, Police Station Khizersarai, District Gaya. .... .... Petitioners

Versus

1. The State Of Bihar.

2. Sima Kumari W/O Ajay Kumar Resident Of Village Khizersarai, Police Station Khizersarai And District Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. S.R.K. Sinha Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Jharkhandi Upadhya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2016 Heard.

This application has been filed under Section 482 of the Cr.P.C. against the order dated 31.05.2013 passed in Complaint Case No. 10 of 2013, whereunder Smt. Anandita Singh, Judicial Magistrate, Gaya summoned the accused-petitioners under Section 204 Cr.P.C. on inquiry finding prima facie case under Sections 354, 323 and 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that, in fact, due to land dispute in the family, the petitioners have been made accused in the Complaint Case No. 10 of 2013 on inquiry, they have

Patna High Court Cr.Misc. No.2284 of 2014 (7) dt.28-11-2016 2/2 been summoned for the offence under Sections 354, 323 and 379 of the Indian Penal Code. Further submission is that petitioner no.1 Rahul Kumar @ Bablu has been selected as driver in railway department and due to that reason, he has been also made accused in the case to give pressure on him.

On going through the impugned order, I find no any illegality to interfere with the same in extraordinary jurisdiction under Section 482 Cr.P.C. and accordingly the present application is dismissed. However, the petitioner is at liberty to raise his grievance before the trial Court at appropriate stage.

(Rajendra Kumar Mishra, J) manish/- U