Ashok Kumar Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39790 of 2014 Arising Out of PS.Case No. -309 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. 1. Ashok Kumar Yadav Son of Mahadeo Yadav

2. Ram Adhar Yadav Son of Mahabir Prasad Yadav

3. Dinesh Yadav Son of Kushe Yadav

4. Kishori Yadav Son of Sita Ram Yadav

5. Binod Yadav Son of Mahajan Yadav All Resident of Village- Rajba, Police Station Benipatti, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Sogarath Safi Son of Late Anup Safi Resident of Village -Rajba, Police Station - Benipatti , District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the State : Mr. Uma Nath Mishra (APP) For O.P. No. 2 : Mr. Arvind Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2017 Heard learned counsels for the petitioners, State and the opposite party No. 2.

Having regard to the nature of this case, this Court is not inclined to interfere with the order impugned. The submission of the counsel for the opposite party No. 2 is that the genesis of the dispute does not merit consideration in view of the fact that defence of the petitioners cannot be looked into in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.39790 of 2014 (4) dt.30-08-2017 2/2 However, liberty shall be available to the petitiones to raise all such issues as would be available to the petitioners if the petitioners propose to file appropriate application for discharge before the court below.

With the aforesaid observation, the petition stands disposed of.

(Anil Kumar Upadhyay, J) S.Pandey/- U T