Nilmani Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58604 of 2015 Arising Out of PS. Case No.-166 Year-2013 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Nilmani Singh Son of Lae Bindeshwari Prasad Singh Resident of Mohalla Line Bazar, Police Station K. Hat, Distt Purnea. 2.

Pravin Kumar Singh alias Balram Prasad Singh Son of Late Dhodhai Singh Resident of village Line Bazar, Police Station K. Hat Distt Purnea. 3.

Vijai Kumar Verma Son of Late B.L.Verma.

4.

Smt. Manju Verma Wife of Sri Vijay Kumar Verma. Both resident of Mohall Prabhat Colony Police station K. Hat, Distt Purnea. 5.

Dr. Ratneshwar Prasad Singh Son of Late Ganga Prasad Singh 6.

Smt. Rita Singh Wife of Dr. Ratneshwar Prasad Singh Both permanent residents of village Baruari, Police Station Supaul Distt Supaul and presently residing at Mohall Prabhat Colony, Near Bhootnath Mandir Police Station K.Hat, Distt.- Purnea.

... ... Petitioner/s

Versus

1.

State Of Bihar.

2.

Reyazul Haque Son of Late Abdul Mannan Resident of village Banikol Police Station Barari Distt Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2023 Heard learned counsel for the parties.

2. This application has been filed for quashing of order dated 04.03.2015 by which Judicial Magistrate, Purnea has taken cognizance against the petitioners in C.A. Case No. 166/2013 for the offence under Sections 467, 420, 406, 379, 504, 120(B) of the Indian Penal Code.

3. The defence of the petitioners cannot be tested at

Patna High Court CR. MISC. No.58604 of 2015(3) dt.20-07-2023 2/2 the cognizance stage.

4. Accordingly, this application is disposed of with a direction to the petitioners to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Ranjeet/- U T