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Patna High CourtCR. MISC./33359/2014dismissed

Shankar Singh And ANR. v. State Of Bihar And ANR

2017-08-11Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.33359 of 2014 dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33359 of 2014 Arising Out of PS.Case No. -1349 Year- 2006 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ===========================================================

1. Shankar Singh Son of Amrendra Narayan Singh

2. Smt. Meena Kumari Wife of Shankar Singh Both resident of village -Barhara Kothi , P.S. -Barhara District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amrendra Narayan Singh Son of Late Badri Narayan Singh , R/o village - Barhara Kothi , P.S - Barhara, District -Purnea .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 11-08-2017 Heard learned counsel for the petitioners and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 20.07.2011 passed in Criminal Revision No. 176 of 2010, whereby the learned Additional Sessions Judge, Purnea, has confirmed the order dated 02.02.2010 passed in Complaint Case No. 1349 of 2006, wherein, the learned Chief Judicial Magistrate, Purnea, summoned the accusedpetitioners, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Sections 406, 420 and 120B of the Indian Penal Code.

Patna High Court Cr.Misc. No.33359 of 2014 dt.11-08-2017

3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise their defence/points in trial court at the appropriate stage. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 16.08.2017 Transmission Date 16.08.2017