Raj Kumar Prasad And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15268 of 2016 Arising Out of PS. Case No.-242 Year-2015 Thana- KESARIA District- East Champaran ====================================================== 1.

Raj Kumar Prasad 2.

Arun Kumar @ Arun Kumar Prasad Both sons of Late Bidya Sagar Prasad resident of village - Kesariya, Police Station - Kesariya, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Uday Shankar Son of Late R.S. Singh Chamber No. 632, District Court Complex, Saket, New Delhi - 17.

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr.B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. This application has been filed for quashing of order dated 09.02.2016 passed by learned Addl. Chief Judicial Magistrate-XI, East Champaran at Motihari in Trial No. 645 of 2016 arising out of Kesariya P.S. Case No. 242 of 2015 by which learned Magistrate has taken cognizance against the petitioners for the offences under Sections 420 and 468 of the Indian Penal Code.

3. At the stage of cognizance, this Court will not consider the defence of the petitioner.

4. In these circumstances, this application is disposed

Patna High Court CR. MISC. No.15268 of 2016(3) dt.13-09-2023 2/2 of with a liberty to the petitioners to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Harsh/ U T