Anjani Kumar @ Anjani Kumar Sinha And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.31700 of 2014 dt.20-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31700 of 2014 Arising Out of PS.Case No. -791 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ===========================================================
1. Anjani Kumar @ Anjani Kumar Sinha Son of Late Ram Lagan Singh
2. Upendra Singh Son of Late Maujelal Singh
3. Bharat Singh Son of Late Devendra Singh
4. Rudal @ Udal Paswan Son of Bhonu Paswan
5. Kailash Paswan Son of Sheoji Paswan
6. Mantoo Paswan Son of Siyaram Paswan All the Petitioner 1 to 6 are resident of village & P.O.- Niriya Tulsipur, P.S.- Karai Pasrurai, District- Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Kumar Sinha Son of Saroj Kumar Sinha resident of village- Tulsipur, P.O.- Niriya Tulsipur, P.S.- Karai Parsurai, District- Nalanda .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binit Kumar. For the Opposite Party/s : Mr. Dashrath Mehta, APP For the Informant : Mr. Manoj Kumar Sinha. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 20-11-2017 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 15.04.2014, passed in Complaint Case No. 791(C) of 2012, whereby the learned Judicial Magistrate Ist Class, Hilsa, Nalanda, summoned the accusedpetitioners, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Sections 147, 149, 323 and 504 of the Indian Penal Code.
Patna High Court Cr.Misc. No.31700 of 2014 dt.20-11-2017
3. Learned counsel for the petitioners submits that, in fact, complainant-opposite party no. 2 is the nephew of petitioner no. 1, Ajnaji Kumar Sinha, and due to partition of orchard and land occurrence took place, in which, petitioner no. 1 sustained injury at his eye, regarding which, Karai Parsurai P.S. Case No. 95 of 2012 is also instituted on the basis of written report of petitioner no. 1, who is the uncle of the complainant-opposite party no. 2 against complainant, Manoj Kumar and his mother, Smt. Kanti Devi, but due to that reason only to give undue pressure the present case has been lodged with false allegation against the accused-petitioners.
4. 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.
5. 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 Transmission Date