Patna High CourtCR. MISC./60074/2017withdrawn

Kartik Singh @ Kartikey Kumar @ Master Jee v. The State Of Bihar

2023-12-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60074 of 2017 Arising Out of PS. Case No.-109 Year-2015 Thana- MOKAMAH District- Patna ====================================================== KARTIK SINGH @ KARTIKEY KUMAR @ MASTER JEE Son of late Jagat Prasad Singh Resident of Village- Shivnar, Police Station- Mokama, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2023

1. Heard learned Senior counsel for the petitioner and learned APP for the State.

2. Learned Senior counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR it would manifest that no specific overt act has been alleged against the petitioner but in the end it has been alleged that the law and order problem which was created was at the behest of the petitioner. It is thus submitted that the entire allegation hinges around suspicion and it based on surmises and conjectures.

3. Mr. Chandra Bhushan Prasad, learned APP for the State rebuts the submission of the learned Senior counsel for the petitioner and submits that the present application has been filed

Patna High Court CR. MISC. No.60074 of 2017(2) dt.14-12-2023 2/2 seeking quashing of the order of cognizance, where the learned Magistrate only has to be prima facie satisfied, it is next submitted that if what has been submitted by the learned counsel for the petitioner is true, he can raise all these issues at the time of framing of charges.

4. Learned Senior counsel thus seeks permission to withdraw the quashing application with liberty to raise all issues at the time of framing of charges.

5. Permission is accorded.

(Satyavrat Verma, J) Adnan/- U T