Patna High CourtCR. MISC./2906/2016dismissed

Ram Nagina Singh And ORS. v. The State Of Bihar

2016-08-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2906 of 2016 Arising Out of PS.Case No. -274 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Ram Nagina Singh S/o Late Dev Nandan Singh

2. Nagendra Prasad @ Nagendra Prasad Singh

3. Binod Prasad @ Binod Kumar Both S/o Late Satyanarayan Prasad

4. Uma Shankar Chaudhary S/o Ram Bhajan Singh All R/o village - Konhawa, P.S. Gopalganj, District - Gopalganj .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-08-2016 Heard Sri Shailendra Kumar, learned counsel for the petitioners and Sri Ajay Kumar Jha, learned Addl. Public Prosecutor.

Four petitioners, who are named as accused in Gopalganj Town P.S. Case No.274/2014 registered for the offence under Section 447/147, 148, 149, 341, 323, 324, 307, 354, 379, 385, 504, 325 of the Indian Penal Code and Section 3(1) (X) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities)Act, have approached this Court, invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure , with a prayer to quash an order dated 06.11.2015, whereby the

Patna High Court Cr.Misc. No.2906 of 2016 (2) dt.26-08-2016 2/2 learned Chief Judicial Magistrate, Gopalganj has taken cognizance of offence under the aforesaid Sections. It was submitted by learned counsel for the petitioners that the petitioners were mediator in between the informant and other accused persons and due to this reason, they have falsely been implicated in the case.

Besides hearing learned counsel for the parties, I have also perused the F.I.R. as well as materials available on record. On perusal of the F.I.R. as well as materials on record, I do not find any apparent error warranting interference in the impugned order.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U