Krishna Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30217 of 2014 Arising Out of P.S.Case No. -417 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Krishna Mohan Prasad ( Advocate) Son of Late R.N. Prasad, Resident of Mohalla Kazipur Quarter, Road No. 3, P.S. - Kadamkuan, Dist.-Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Krishna Mohan Prasad, Advocate For the Opposite Party : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2017 Heard.

2. The petitioner seeks quashing of order dated 27.01.2014 passed by Adhoc Additional Sessions Judge-IV, Patna in Cr.Revision No.559 of 2012. The Revisional Court dismissed the revision of the petitioner which was filed for amendment of cognizance order dated 09.07.2012 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No.417(C) of 2012.

3. On perusal of order passed by the Additional Sessions Judge as well as cognizance order, I find that the learned Magistrate finding prima-facie case for the offence under Sections 323 and 379 of the IPC against accused Naresh Singh. The allegation against other accused was found omnibus. The learned Additional Sessions Judge refused to interfere with the cognizance

Patna High Court Cr.Misc. No.30217 of 2014 (3) dt.05-07-2017 2/2 order observing that the petitioner will have opportunity to summon the accused persons, if any material appears at the time of recording evidence of witnesses.

4. In view of discussions made above, I do not find any merit in this application. This application is accordingly dismissed.

(Sanjay Kumar, J) B.Kr./- U T