Patna High CourtCR. MISC./28603/2019dismissed

Ramanand Das v. The State Of Bihar

2023-08-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28603 of 2019 Arising Out of PS. Case No.-204 Year-2014 Thana- SIKARPUR District- West Champaran ====================================================== RAMANAND DAS Son of Late Devi Lal Das Resident of Village - Mohiuddinpur, P.S.- Ghosi, District - Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-08-2023 Heard learned counsel for the parties.

This application has been filed for quashing the order dated 14.12.2018 passed by learned A.C.J.M., 7th, Bettiah, West Champaran in Tr. No. 4368 of 2018, G.R. No. 2605 of 2014 arising out of Shikarpur P.S. Case No. 204 of 2014, by which the discharge petition has been filed by the petitioner under Section 239 of the Cr.P.C has been rejected. As per the prosecution case, when the informant was sitting in her chamber for doing her duty the petitioner came with camera and started clicking photographs. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and a false and concocted story has been stated in entire F.I.R. against the petitioner.

Patna High Court CR. MISC. No.28603 of 2019(2) dt.03-08-2023 2/2 Since prima facie case is made out against the petitioner, this Court is not inclined to interfere in this matter in view of the law laid down by the Hon'ble Supreme Court in the case of State of Bihar vs. Ramesh Singh 1977 SCC (4) 39. Accordingly, this application is dismissed.

(Sandeep Kumar, J) Guddu/- U T