Birendra Kumar Das @ Began Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50045 of 2015 Arising Out of PS. Case No.-212 Year-2013 Thana- LAXMIPUR District- Jamui ====================================================== Birendra Kumar Das @ Began Das Son of Rameshwar Das, Resident of Village - Sundar Tand, Police Station - Laxmipur in the district of Jamui. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Lakhan Das, Son of Late Jhari Das, Resident of Village - Maraiya, Police Station - Laxmipur in the district of Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Vinod Shankar Modi App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-03-2023 Heard the parties.

This application has been filed for quashing the order dated 12.06.2015 passed by learned Sub-divisional Judicial Magistrate, Jamui whereby and whereunder he has been pleased to take cognizance and issue summon against the petitioner in connection with G.R. No. 2095A of 2013 (arising out of Laxmipur P.S. Case No. 212 of 2013) for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. The petitioner is an accused in a case under Sections 304(B)/34 of the Indian Penal Code and wants mini trial at the stage of the cognizance which is not permissible in law. This application is dismissed with liberty to the

Patna High Court CR. MISC. No.50045 of 2015(2) dt.20-03-2023 2/2 petitioner to raise the grounds at an appropriate stage preferably during trial.

(Sandeep Kumar, J) Saif/- U T