Patna High CourtCR. MISC./21691/2010allowed

Prabhat Kumar @ Prabhat Kumar Mishra v. The State Of Bihar And ANR

2016-01-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21691 of 2010 Arising Out of PS.Case No. 847 Year- 2009 Thana -null District- BEGUSARAI =========================================================== Prabhat Kumar @ Prabhat Kumar Mishra son of Sri Harikant Mishra, resident of Pahsara, P.S. Naokothi, Distt. Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Jarnardan Kumar Jha, son of Sri Baijnath Jha, resident of Pahsara, P.S. Naokothi, Distt. Begusarai .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kr. Sinha, Advocate For the Opposite Party/s : Mr. Ashraf Ansari, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-01-2016 The Petitioner seeks quashing of the order of cognizance dated 12.11.2009 passed by the court of Sri S.N. Ram, Judicial Magistrate, 1st class, Begusarai in Complaint case No.847C of 2009. The case of the Complainant is that on the date of occurrence, the accused persons committed theft of small pocket containing 3000/- rupees on account of previous litigation. It has been submitted on behalf of the Petitioner that he is respectable person and fact of the matter is that the father of the Petitioner on 24.11.2008 instituted an Informatory Petition No.7715 of 2008 before the Chief Judicial Magistrate, Begusarai against the father of the Complainant, whereafter he instituted this present absurd case.

Patna High Court Cr.Misc. No.21691 of 2010 dt.22-01-2016 2/2 No one appears on behalf of the Opposite Party No.2. Having considered that the allegations are frivolous and petty, the prosecution in the interest of justice should be quashed. Hence the application is allowed and the order of cognizance dated 12.11.2009 passed by the court of Sri S.N. Ram, Judicial Magistrate, 1st class, Begusarai in Complaint case No.847C of 2009 is hereby set aside.

(Anjana Prakash, J) Narendra/- U T