Patna High CourtCR. MISC./5393/2018dismissed

Ram Pravesh Yadav @ Ram Pravesh Prasad And ANR v. The State Of Bihar

2018-10-31Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5393 of 2018 Arising Out of PS. Case No.-247 Year-2016 Thana- CHANDI District- Nalanda ======================================================

1. Ram Pravesh Yadav @ Ram Pravesh Prasad,

2. Manoj Kumar Brahamchari, Both Sons of Ram Baran Yadav, R/o Village- Belabag, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-10-2018 No one appears on behalf of the petitioners. Learned counsel for the State is present.

This application has been preferred for setting aside the order taking cognizance dated 06.11.2017 passed by learned Judicial Magistrate Ist Class, Hilsa in Chandi P. S. Case No. 247 of 2016 for the offences alleged under Sections 307, 324, 120B of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel representing the State submits that there are specific allegations against the petitioners and in course of investigation Police submitted charge-sheet and supplementary charge-sheet showing the materials on the basis of which cognizance has been taken against the petitioners. Under these circumstances, the learned Judicial

Patna High Court Cr.Misc. No.5393 of 2018(2) dt.31-10-2018 2/2 Magistrate has taken cognizance of the offence alleged as aforesaid no fault may be found in the same. After hearing the learned counsel for the State and on going through the records, this Court finds that the case was registered as a Police Case and in the first information report itself there are allegations of firing against both the petitioners. In the opinion of this Court, no interference is required with the order taking cognizance. This application is dismissed.

(Rajeev Ranjan Prasad, J) avin/- U T