Patna High CourtCR. MISC./17342/2014dismissed

Raj Kumar Bhagat v. State Of Bihar And ANR

2017-07-26Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.17342 of 2014 dt.26-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17342 of 2014 Arising Out of PS.Case No. -94 Year- 2012 Thana -RAJIVNAGAR District- PATNA ===========================================================

1. Raj Kumar Bhagat Son of Vishwanath Bhagat resident of village- Alam Nagar, P.S.- Alam Nagar, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Savita Kumari Singh W/o Dr. Jitendra Kumar Singh C/o Ramagya Singh, Jai Prakash Nagar, P.S.- Rajiv Nagar, Patna-800025, Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Saket Tewary For the Opposite Party/s : Mr. Arun Kumar Singh-5 APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 26-07-2017 Heard learned counsel for the opposite party No. 2. None appeared on behalf of the petitioner.

The petitioner has challenged the order dated 15-07-2013 passed by learned Judicial Magistrate-Ist Class, Patna in Rajiv Nagar P.S. Case No. 94 of 2012 by which and whereunder, the learned Magistrate has taken cognizance against the petitioner for the offence under Sections-406, 420/34 of the Indian Penal Code and 138 of N.I. Act on the basis of charge sheet submitted by the police. None appeared on behalf of the petitioner. Counsel for opposite party No. 2 has appeared.

It has been submitted on behalf of opposite party No. 2 that

Patna High Court Cr.Misc. No.17342 of 2014 dt.26-07-2017 quashing application filed by one of the co-accused Subodh Kumar challenging the same cognizance order dated 15-07-2013 has already been dismissed by a coordinate bench of this court vide order dated 13-01-2017.

From perusal of impugned order, it appears that the learned court below has taken cognizance for the offence under Sections-406, 420/34 of the Indian Penal Code and 138 of N.I. Act against the petitioner after perusing the charge sheet and the materials available in the case diary.

On perusal of the impugned order, this court does not find any illegality. Accordingly, this Cr. Misc. Application is dismissed. The learned trial court is directed to proceed in the trial in accordance with law and make effort to conclude the same as early as possible.

(Sanjay Priya, J) A.K.V./- AFR/NAFR NAFR CAV DATE Uploading Date 4-8-2017 Transmission Date 4-8-2017