Ranjan Kumar Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17397 of 2014 dt.26-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17397 of 2014 Arising Out of PS.Case No. -431 Year- 2012 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ===========================================================

1. Ranjan Kumar Singh Son of Late Shankar Dayal Singh Resident of Village - Bhawanipur, Post Office and Police Station - Deo, District - Aurangabad and at present Kamta Sadan, Near Town Hall, Bandhu Colony, Aurangabad, Post Office and Police Station and District - Aurangabad (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Indu Devi Wife of Sri Awadhesh Singh Resident of Village - Israr, Police Station - Deo, District - Aurangabad and at present resident of Mohalla - Satyendra Nagar, K.K. Singh Clinic Road, Aurangabad .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Tewary For the Opposite Party/s : Mr. S. Dayal (APP) =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 26-07-2017 The petitioner has challenged the order dated 1604-2013 passed by Sri D.N. Mishra, learned Judicial Magistrate-Ist Class, Aurangabad by which and whereunder, the learned Magistrate after holding inquiry, found prima facie case against the petitioner for the offence under Sections-420, 120(B) of the Indian Penal Code and 138 of N.I. Act.

None appears on behalf of the petitioner. Learned Additional Public Prosecutor is present.

From perusal of impugned order, it appears that after perusing the solemn affirmation of the complainant and the statement of

Patna High Court Cr.Misc. No.17397 of 2014 dt.26-07-2017 witnesses recorded during inquiry and also considering the documents filed by the complainant, the learned Magistrate found prima facie for the offence under Sections- 420, 120(B) of the Indian Penal Code and 138 of N.I. Act.

Learned Magistrate is only required to see prima facie case at the time of holding inquiry.

Therefore, this court does not find any illegality in the impugned order. Accordingly, this Cr. Misc. Application is dismissed. The learned trial court is directed to proceed in the trial in accordance with law.

(Sanjay Priya, J) A.K.V./- AFR/NAFR NAFR CAV DATE Uploading Date 31-7-17 Transmission Date 31-7-17