Patna High CourtCR. MISC./2470/2018disposed

Md. Meraj Khalid @ M. Khalid v. State Of Bihar And ANR

2019-11-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2470 of 2018 Arising Out of PS. Case No.-122 Year-2017 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Md. Meraj Khalid @ M. Khalid Son of Md. Gufran, Resident of VillageAsthawan, Police Station-Kandey, District-Sheikhpura. ... ... Petitioner/s

Versus

State Of Bihar 2.

Md. faiyaz Mallick, Son of Mallick Saiyed, Resident of Village-Asthawan, Police Station-Kandey, District-Sheikhpura.

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-11-2019 The order under challenge is dated 09.06.2017 passed by the Judicial Magistrate, 1st Class, Sheikhpura in connection with Complaint Case No. 122 (C) of 2017, whereby cognizance has been taken under Sections 323, 341, 447, 504, 506 and 34 of the Indian Penal Code. This case though has been filed in the year 2018 but has been taken up for admission for the first time today. The learned counsel for the petitioner is not in a position to inform this Court about the stage of the case. Since the offences for which cognizance has been taken are minor in nature, there is every possibility of the case having

Patna High Court CR. MISC. No.2470 of 2018(2) dt.19-11-2019 2/2 been concluded. If at all, the case is still pending, it would be open for the petitioner to prefer a petition for discharge, if such a petition has already not been filed and disposed off. Should such an application be filed, the court below shall take into account all necessary facts and shall pass a reasoned order in accordance with law, without being prejudiced by the fact that the present petition has not been entertained by this Court.

The petition stands disposed off with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U