Satyendra Rai And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53011 of 2015 Arising Out of PS. Case No.-56 Year-2015 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Satyendra Rai Son of Late Bujhawan Rai, Resident of village- Bakhari, P.s.- Kalyanpur, District- East Champaran 2.

Jawahir Rai, Son of Bharam Rai, Resident of village- Santpur, P.S.- Muffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Radha Rai, son of Late Gopati Rai, Resident of village- Ammapar, P.S.- Kotwa, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Ranjan, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners submits that the present application has been filed seeking quashing of the order dated 30.07.2015 passed by the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 56 of 2015 whereby the learned C.J.M. has been pleased to take cognizance for offences punishable under Sections 328, 302, 201 and 34 of the Indian Penal Code against the accused persons.

3. Learned counsel for the petitioners submits that till

Patna High Court CR. MISC. No.53011 of 2015(2) dt.30-08-2023 2/2 date charges have not been framed.

4. Since charges have not been framed as such the Court, for the present, is not inclined to entertain the quashing application.

5. Accordingly, the quashing application is dismissed.

6. However, the petitioner would be at liberty to raise all the issues at the time of framing of charge. (Satyavrat Verma, J) Rishi/- U T