Patna High CourtCR. MISC./32462/2014dismissed

Arun Kumar Priyadarshi v. State Of Bihar And ANR

2017-07-05Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32462 of 2014 Arising Out of PS.Case No. -844 Year- 2009 Thana -PATNA COMPLAINT CASE DistrictPATNA =========================================================== Arun Kumar Priyadarshi, Son of Late Munshi Das, R/o Village - Varawanper , P.S . - Laheri , District - Nalanda .

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sushil Kumar Vidyarthi, Son of Sri Rajeshwar Pd. Singh , R/o New Kunj Colony , Salempur Bhavan , 4th Floor flat No. 33, East Bahadurpur , P.S. - Bahadurpur , District - Patna .

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

For the Petitioner/s : Mr. Arun Kumar Singh, Advocate. For the Opposite Party/s : Mr. Nagendra Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 05-07-2017 Heard learned counsel for the parties.

2. In this petition, the petitioner challenges the order dated 29.03.2004 passed by the Judicial Magistrate, Patna City in C.A. No. 844 of 2009, whereby petition, filed under Section 245 of the Cr.PC. to discharge the petitioner from this case, was refused.

3. Learned counsel for the petitioner submits that petitioner was only a Member of the said Institute and there is chance of compromise also whereas learned counsel appearing on behalf of the O.P. No. 2 submits that there is prima facie material against the petitioner available in the complaint as well as the evidence adduced during enquiry stage and quashing petition of other co-accused was

Patna High Court Cr.Misc. No.32462 of 2014 dt.05-07-2017 2/2 earlier rejected by this court vide order dated 08.07.2014 passed in Cr.Misc. No. 25626 of 2014.

4. Having considered the rival submissions and on perusal of the record, I do not find any ground for interfering with the impugned order dated 29.03.2014, so this petition stands dismissed. (Arun Kumar, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 10.07.2017 Transmission Date 10.07.2017