Bishwanath Prasad And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7565 of 2016 Arising Out of PS.Case No. -249 Year- 2010 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Bishwanath Prasad, Son of late Basudeo Prasad

2. Niranjan Kumar

3. Dhiraj kumar

4. Neeraj Kumar 2 to 4 are son of Bishwanath Prasad All Resident of Village- Eastern Untta, P.S.+ Distt - Jehanabad. .... .... Petitioners

Versus

1. The State of Bihar.

2. Moti Chaudhary Son of late Prayag Chaudhary Eastern Untta, Eastern Gali, P.S. + District- Jehanabad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ashok Kumar, Advocate.

For the Opposite Parties : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2016 Heard both sides.

The petitioners have preferred this quashing petition under Section 482 of the Code of Criminal Procedure for quashing the order dated 26.03.2011, by which the learned Chief Judicial Magistrate, Jehanabad took cognizance under Sections 427, 504, 506 and 34 of the Indian Penal Code and under Sections 3 (1) (X) of the SC/ST Act.

On this ground alone that order was passed on 26.03.2011 and after more than five years the petitioners moved under Section 482 Cr.P.C., for quashing the aforesaid order taking cognizance against the petitioners, I am not inclined to interfere

Patna High Court Cr.Misc. No.7565 of 2016 (2) dt.26-08-2016 2/2 with the order aforesaid.

Accordingly, this quashing petition is dismissed. (Prabhat Kumar Jha, J.) KKSINHA/- U T