Mithilesh Kumar Singh @ Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31937 of 2015 Arising Out of PS. Case No.-10 Year-2013 Thana- HARPUR District- Munger ====================================================== Mithilesh Kumar Singh @ Mithilesh Singh Son of Late Ramashish Singh Resident of Village - Ganaili, Police Station - Harpur, District - Munger ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2023 Heard the parties.

This application has been filed for quashing of the order dated 07.04.2015 passed by learned Sub Divisional Judicial Magistrate, Sadar, Munger, in connection with Harpur P.S. Case No. 10 of 2013, by which the learned Magistrate has taken cognizance against the petitioner for the offences under sections 341, 342, 323, 353, 436 & 201 of the Indian Penal Code and under Section 7 of the E.C. Act.

After going through the F.I.R. and the impugned order of cognizance, it appears that a prima facie case is made out against the petitioner. Further, this Court cannot hold a mini trial by examining the materials at the stage of cognizance. In such view of the matter, this quashing petition is

Patna High Court CR. MISC. No.31937 of 2015(2) dt.17-02-2023 2/2 dismissed with a liberty to the petitioner to raise all his grounds at appropriate stage.

(Sandeep Kumar, J) pawan/- U