Patna High CourtCR. MISC./63230/2017dfd for non appearance

Fula Rani And ANR v. State Of Bihar And ANR

2018-01-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63230 of 2017 Arising Out of PS. Case No.-222 Year-2015 Thana- GARDANIBAGH District- Patna ====================================================== Fula Rani & Anr ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-01-2018 On call, none appeared either on behalf of the petitioners or on behalf of the State.

The present petition has been filed with a prayer to quash an order dated 08.12.2015 passed by Smt. Priya Shekhar, learned Judicial Magistrate 1st Class, Patna (hereinafter referred to as "Magistrate") in Gardanibagh P.S. Case No. 222 of 2015. By the said order after submission of charge -sheet the learned Magistrate has taken cognizance of offence under Sections 420, 406, 323, 385, 504, 120B of the Indian Penal Code, 1860. It is evident that initially a complaint petition was filed in the court of learned Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No. 2171 (C ) of 2015 . The said complaint was forwarded to Gardanibagh Police Station for investigation under Section 156 (3) of the Code of Criminal

Patna High Court Cr.Misc. No.63230 of 2017(2) dt.02-01-2018 2/2 Procedure, 1973 and thereafter, an F.I.R. vide Gardanibagh P.S. Case No. 222 of 2015 was registered and during investigation accusation was found true, and thereafter, charge- sheet was submitted. After submission of charge-sheet, the learned Magistrate has taken cognizance of offences.

I have perused the materials available on record. I do not find any ground to interfere, however, since none appeared on behalf of the petitioners either to press the petition or to make a prayer for adjournment, the petition stands dismissed due to non -prosecution.

(Rakesh Kumar, J) praful/- U T