Sangita Devi @ Sangita Gupta And ORS v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.4443 of 2015 dt.17-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4443 of 2015 Arising Out of PS.Case No. -702 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ===========================================================
1. Sangita Devi @ Sangita Gupta , wife of Bharat Pd Gupta,
2. Bharat Prasad Gupta, Son of Rajendra Pd Gupta,
3. Rajendra Prasad Gupta, son of Late Sunar Sah, all resident of village Atari Maharajganj, P.S- Laukhai District - Madhubani.
4. Ranjit Mishra, son of Kapildeo Mishra, Resident of Village - Tharuwahi, P.SLaukhai, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Md. Faruq, son of Late Abdul Jalil, R/o Laukahi, P.O Laukahi P.S.... District - Madhubani.
.... .... 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: 17-01-2017 Heard learned counsel for the petitioner 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 24.12.2014 passed in Complaint Case No. 702 of 2013/ER No. 175 of 2013, whereby the Judicial Magistrate Ist Class, Jhanjharpur, summoned the accused-petitioners, on inquiry, finding the prima facie case, under Section 423 and 420 of the Indian Penal Code.
3. On going through the impugned order, I find no
Patna High Court Cr.Misc. No.4443 of 2015 dt.17-01-2017 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 petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.
(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date