Anawar Nadaf And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33340 of 2014 Arising Out of PS.Case No. -128 Year- 2012 Thana -RAHIKA District- MADHUBANI ======================================================

1. Anawar Nadaf, Son of Mumtaz Nadaf ,

2. Md. Asagar Nadaf, Son of Mumtaz Nadaf, Both resident of Village - Izara , P.S. -Rahika , District - Madhubani . .... .... Petitioners

Versus

1. The State of Bihar.

2. Mustafa Nadaf, Son of Jahur Nadaf, resident of village Izara ,P.S. Rahika , District -Madhubani .

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv.

For the Opposite Party/s : Mr. M.K.Khare (App) For O.P. No.2 : Mr. Bimal Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-08-2017 Heard.

This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 23.07.2013 passed in Trial No. 4431 arising out of Rahika P.S. Case No. 128 of 2012, whereunder the Judicial Magistrate, 1st Class, Madhubani took the cognizance for the offence under Sections 323 and 504 of the Indian Penal Code against four accused named in the F.I.R. including the petitioners. 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

Patna High Court Cr.Misc. No.33340 of 2014 (3) dt.03-08-2017 2/2 before the trial court at appropriate stage.

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