Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42125 of 2024 Arising Out of PS. Case No.-916 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Umesh Kumar Son of Late Nunulal Saw R/O Patel Nagar, Ward no.17, P.S.- Kabaiya, Dist.- Lakhisarai ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Shailesh Anand, Advocate For the Opposite Party :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-07-2024 Heard learned counsel for the parties.

2.

This application has been filed for quashing of the order dated 06.04.2024 passed by Chief Judicial Magistrate, Lakhisarai whereby learned Magistrate has taken cognizance against the petitioner under sections 341, 307, 326, 302, 201, 120B of the Indian Penal Code.

3.

The petitioner seeks to quash the order taking cognizance. He wants this Court to examine all the defence which has been agitated by him before the court below. The petitioner is accused for the offence punishable under section 302 and others sections of the Indian Penal Code. Materials have come to connect the petitioner with the crime. In this circumstance, this Court cannot examine the defence of the petitioner at this stage.

Patna High Court CR. MISC. No.42125 of 2024(2) dt.15-07-2024 2/2 4.

Accordingly, this application is dismissed with liberty to the petitioners to raise all the grounds at the stage of framing of charge.

(Sandeep Kumar, J) Ranjeet/- U T