Grijnandan Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14439 of 2015 Arising Out of PS. Case No.-1167 Year-2009 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Grijnandan Rajak son of late Rambishun Rajak resident of village - Mali, PS - Karpi Banshi O.P., District - Arwal.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Shakuntala Devi wife of late Jaydheer Kumar resident of village - Datiyana, PS - Bikram, District - Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap App ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-05-2019 Heard counsel for the petitioner and Addl. Public Prosecutor for the State.

This application has been filed for quashing the impugned order dated 04.02.2015 passed by the learned Judicial Magistrate, Ist Class, Jehanabad in Complaint case no. 1167/2009, Tr. no. 1984/2013 in which cognizance has been taken under sections 418, 420 and 468 of the Indian Penal Code against the petitioner.

It is submitted by counsel for the petitioner that the petitioner has been implicated in this case falsely as dispute is of civil nature.

Counsel for opposite party no.2, on the other hand, upon notice appears and submits that all complainant's witnesses

Patna High Court CR. MISC. No.14439 of 2015(4) dt.14-05-2019 2/2 have been examined after charge and that trial has proceeded much after the stage of cognizance which is impugned in the instant proceeding.

In view of such developments, this court at the moment is not inclined to quash the order taking cognizance. Quashing application is dismissed.

(Madhuresh Prasad, J) s.hassan/- U T