Sachin Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11651 of 2021 Arising Out of PS. Case No.-407 Year-2019 Thana- DHANARUA District- Patna ====================================================== Sachin Kumar @ Guddu S/o Ashok Kumar Resident of Village-Chanaki, P.S.- Dhanarua, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The present application has been filed for quashing of the order dated 07.01.2020 passed by the learned Sub-Divisional Judicial Magistrate, Masaurhi, Patna whereby cognizance has been taken under Sections 341, 323, 504, 498(A) of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has

Patna High Court CR. MISC. No.11651 of 2021(2) dt.28-04-2022 2/3 committed no offence and he has been falsely implicated in this case.

This Court has gone through the entire materials available on record. It is apparent that after lodging the F.I.R, investigation was completed and after completing the investigation, charge-sheet has been submitted only against this petitioner and with regard to rest of the accused persons, final form has been submitted.

This Court finds no illegality in the impugned order as learned Magistrate is well within the jurisdiction to take cognizance, if, prima facie, finding the case true against the petitioner. Hence, this Court is not inclined to interfere at this stage. However, the petitioner shall be at liberty to raise all the contentions at the time of framing of charge, if the charge has already not been framed.

With the aforesaid observation/direction, the application stands disposed off in connection with

Patna High Court CR. MISC. No.11651 of 2021(2) dt.28-04-2022 3/3 Dhanarua P.S. Case No. 407 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T