Patna High CourtCR. MISC./2029/2016dismissed

Ram Ishwar Yadav v. State Of Bihar And ANR

2018-09-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2029 of 2016 Arising Out of PS.Case No. -285 Year- 2013 Thana -DUMRAUN District- BUXAR =========================================================== Ram Ishwar Yadav, son of late Jagadish Yadav, resident of village - Akalupur, Post Office - Hariyana Farm, Dumraon, Police Station Dumraon, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Santara Devi, wife of late Premchand Rai, resident of village- Lalganj - Karvi, P.S. Dumraon, District - Buxar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 13-09-2018 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 02.03.2015 passed by the Judicial Magistrate, 1st class, Buxar, in G.R. Case No.2672 of 2013 by which the learned Magistrate has rejected the petition filed by the petitioner under Section 239 Cr.P.C for his discharge.

None appeared on behalf of the petitioner. Counsel for the State is present.

Earlier also on 10.09.2018, none appeared on behalf of the petitioner.

From the written report and the impugned order, it

Patna High Court Cr.Misc. No.2029 of 2016 dt.13-09-2018 2/2 appears that petitioner is named in the First Information Report. Learned Magistrate has mentioned in the impugned order that there are sufficient materials in the case diary to frame charge against the petitioner. Witnesses have supported the case of the prosecution in various paragraphs of the case diary as mentioned by the learned Magistrate.

Therefore, this Court does not find any illegality in the impugned order.

This application is, accordingly, dismissed.

The Court below will proceed with the case in accordance with law.

(Sanjay Priya, J) J.Alam/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 15-09-2018 Transmission Date 15-09-2018