Kanchan Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33453 of 2014 Arising Out of PS.Case No. -1541 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Kanchan Devi, Wife of Late Sone Lal

2. Santosh Kumar Son of Late Sone Lal

3. Arvind Kumar Son of Late Sone Lal All are resident of Mohalla- Digha Ghat Chauhatta Digha, P.S.- Digha, District- Patna.

4. Vishundev Rai Son of Amir Rai

5. Mahendra Kumar @ Phulshankar Sah @ Phul Sah Son of Late Khirodhar Sah Both are resident of Didarganj, P.S.- Didarganj, DistrictPatna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Avinash For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard.

This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 27.05.2014 passed in Complaint Case No. CA1541 of 2013, whereunder the learned Judicial Magistrate, Patna City, Patna summoned the accused petitioners, on enquiry, under Section 204 Cr.P.C. finding prima facie case under Sections 323 and 379 of the Indian Penal Code. On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his point as raised herein before the trial court at appropriate stage.

(Rajendra Kumar Mishra, J) manish/- U T