Gangadhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44838 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Gangadhar Singh, S/O Raj Kamal Singh.

2.

Bidya Singh @ Bidydhar Singh, S/O Ram Kamal Singh. 3.

Raj Kamal Singh S/O Sitaram Singh.

All resident of village- Sonmati, P.S -Babubarhi, District-Madhubani. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Prakash, Advocate For the Opposite Party :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The present application has been filed for quashing of the order dated 08.03.2021 passed by learned A.C.J.M., I, Madhubani, in Babubarhi P.S. Case No. 57 of 2020, by which the learned Magistrate has taken cognizance of offences under Sections 323, 324, 448, 307, 380 and 504/34 of the Indian Penal Code against the petitioners.

Learned counsel for the petitioners submits that though no offence under Section 307 of the Indian Penal Code is

Patna High Court CR. MISC. No.44838 of 2021(2) dt.28-04-2022 2/2 made out against the petitioners but the learned Magistrate has taken cognizance under Section 307 of the Indian Penal Code. The petitioners have not been able to make out a case for quashing of the order dated 08.03.2021 taking cognizance against the petitioner.

Accordingly, this quashing petition stands dismissed. However, the petitioners are at liberty to raise all the points at the time of framing of charge.

(Sandeep Kumar, J) pawan/- U T