Krishan Goenka @ Kishan Geonka v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51688 of 2014 Arising Out of PS.Case No. -92 Year- 2002 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Krishan Goenka @ Kishan Geonka Son of Sri Ram Geonka Resident of Village-/Mohalla-Marwadi Bazar,P.S-Town,Distt.-Samastipur and at present Bangali Tola,P.S-Town,Distt.-Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nagina Bhagat Son of Raj Mohan Bhagat R/O;Kutupur Digra,P.SBidupur Distt.-Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-11-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The instant Criminal Miscellaneous has been filed against the order dated 24.07.2014 passed by Smt. Ranjula Bharti, the then Judicial Magistrate, 1st Class, Muzaffarpur in connection with Mithanpura P.S. Case No. 92 of 2002 corresponding to Trial No. 608 of 2014, whereby and whereunder, the application dated 12.11.2012 filed by the petitioner was rejected and the petitioner was directed to remain present on the next date for framing of charge.

After perusal of the impugned order dated

Patna High Court Cr.Misc. No.51688 of 2014 (2) dt.21-11-2017 2/2 24.07.2014 it reveals that in this case charge-sheet has been filed against the accused persons including the petitioner under sections 384 and 120 B of the I.P.C. Accordingly, cognizance was taken and thereafter after hearing and considering the materials available in the case diary the petition filed by the petitioner dated 12.11.2012 was rejected.

From the impugned order it reveals that the learned Magistrate after perusal of the case diary and finding sufficient materials against the petitioner also the petition dated 12.11.2012 was rejected. The learned Magistrate has referred the materials available in the case diary in the impugned order and there is no illegality, incorrectness and impropriety in the said order. There is no need of any interference by this Court in the impugned order.

Accordingly, finding no merit in this Criminal Miscellaneous, the same is hereby dismissed at the admission stage itself.

(Jitendra Mohan Sharma, J) Abhay/- U T