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Patna High CourtCR. MISC./43849/2021dismissed

Sudha Kumari v. The State Of Bihar

2022-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43849 of 2021 Arising Out of PS. Case No.-121 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== 1.

SUDHA KUMARI W/o Satendra Singh, D/o Nand Kishore Singh Resident of Village - Mugawan, P.S.- Koran Sarai, Distt.- Buxar. 2.

Vikash Singh Son of Nand Kishore Singh Resident of Village - Mugawan, P.S.- Koran Sarai, Distt.- Buxar.

3.

Shushila Devi W/o Nand Kishore Singh Resident of Village - Mugawan, P.S.- Koran Sarai, Distt.- Buxar.

4.

Nand Kishore Singh Son of Sheo Datt Singh Resident of Village - Mugawan, P.S.- Koran Sarai, Distt.- Buxar.

5.

Indu Bhushan Singh Son of Ramayan Singh Resident of Village - Khanpur, P.S.- Rajpur, Distt.- Buxar.

6.

Ramayan Singh Son of Ram Narayan Singh Resident of Village - Khanpur, P.S.- Rajpur, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranju Devi W/o Sunil Singh Resident of Village - Dubauli, P.S.- Sikraul, Distt.- Buxar.

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

This present application has been filed for quashing of the impugned order dated 23.03.2021 passed by the learned Judicial Magistrate-Ist Class, Buxar whereby and whereunder the cognizance has been taken against the petitioners under Sections 323 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.43849 of 2021(2) dt.12-05-2022 2/2 It is submitted by learned counsel for the petitioners that petitioners have innocent and they have committed no offence and they have falsely been implicated in this case. This Court has gone through the entire materials available on record. It is apparent that after completing the investigation, chargesheet has been submitted against the petitioners.

This Court finds no illegality in the impugned order as learned Magistrate is well within the jurisdiction to take cognizance, if the case, prima facie, is found true against the petitioners. Hence, this Court is not inclined to interfere at this stage.

With the aforesaid observation/direction, the application stands disposed of in connection with Sikraul P.S. Case No. 121 of 2019/G.R.No.2762 of 2019.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T