Krishna Yadav @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10715 of 2021 Arising Out of PS. Case No.-30 Year-2017 Thana- MAIN P.S. District- Gaya ====================================================== 1.

Krishna Yadav @ Krishna Kumar Son of Mundrika Yadav Resident of Village - Ganglo Bigha, P.S. Makhdumpur, District - Jehanabad. 2.

Shailesh Yadav @ Shailesh Kumar Son of Krishna Yadav Resident of Village - Ganglo Bigha, P.S. Makhdumpur, District Jehanabad. 3.

Gowardhan Yadav Son of Shivnandan Yadav Resident of Village - Ganglo Bigha, P.S. Makhdumpur, District Jehanabad.

4.

Guli Yadav Son of Ramvriksh Yadav Resident of Village - Ganglo Bigha, P.S. Makhdumpur, District Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-04-2022 Learned counsel for the petitioners undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioners and Ms. Pronoti Singh, learned A.P.P. for the State.

Petitioners in the present case are seeking quashing of the order dated 01.11.2018 arising out of Main P.S. Case No.30 of 2017 dated 13.11.2017, G.R.No.7344/17, Tr.No.1408(19) passed by the Court of ACJM-2nd, Gaya by which cognizance has been taken under Sections 147, 148, 341, 323, 325 and 307

Patna High Court CR. MISC. No.10715 of 2021(2) dt.28-04-2022 2/2 read with 149 IPC and directed to issue summon against the accused persons for their appearance and case was fixed for commitment.

It appears on perusal of the records that this application invoking the jurisdiction of this Court under Section 482 Cr.P.C. has been filed after about two and half years from the date of passing of the order taking cognizance and the case was fixed for commitment. It further appears from the records that the police has submitted chargesheet bearing chargesheet no.8 of 2018 against the accused persons-petitioners and the learned Magistrate has upon perusal of the records found a prima facie case vide order dated 01.11.2018. No ground for interference with the impugned order would be made out. This Court finds no reason to interfere with the same.

This application is, thus, dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.