Patna High CourtCR. MISC./3131/2015dismissed

Satyendra Kumar v. The State Of Bihar

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3131 of 2015 Arising Out of PS.Case No. -334 Year- 2011 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================

1. Satyendra Kumar Son of Late Raghunath Prasad Resident of villDhudhpura,P.S-Muffasil,Distt.-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Anuradha Singh For the Opposite Party/s : Mr. Kumar Veerendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard the learned counsel for the petitioner as well as the State.

The petitioner has challenged the order dated 02.08.2014 passed by the learned S.D.J.M., Samastipur in Samastipur P.S. Case No. 334/2011, whereby the petition of the petitioner under Section 227 of the Cr.P.C. has been rejected. Learned counsel for the petitioner has submitted that it is a matter of civil dispute.

The report of the learned court below has been received, wherein it has been mentioned that in the instant case charges have already been framed on 15.06.2017 under Sections 406, 420, 465, 467, 471 and 120B of the Indian Penal Code against the petitioner and the case is pending for prosecution

Patna High Court Cr.Misc. No.3131 of 2015 (3) dt.25-07-2018 2/2 evidence.

Learned Magistrate has mentioned the name of several witnesses in the impugned order who have supported the case in the case diary and thereafter rejected the petition filed on behalf of the petitioner for discharge.

The Hon'ble Supreme Court in the case of Md.

Ibrahim Vs. State of Bihar reported in (2009) 8 SCC 751 has held that several disputes of civil nature may also contain the ingredients of criminal offences and if so, will have to be tried as criminal offences, even if they also amount to civil disputes. This Court after looking into the allegation made in the written report finds that no illegality has been committed by the learned court below in passing order.

Accordingly, this Criminal Miscellaneous is dismissed.

The court below is directed to proceed with the trial in accordance with law.

(Sanjay Priya, J.) Rakhi U T