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Patna High CourtCR. MISC./10909/2021disposed

Kiran Devi v. The State Of Bihar

2022-04-27Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10909 of 2021 Arising Out of PS. Case No.-101 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== Kiran Devi, Wife of Pankaj Sharma, Resident of Village Dehuni, P.S.- Ghoshi, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2022 The petitioner is seeking quashing of the order dated 18.11.2019 passed by learned A.C.J.M. 1st, Jehanabad, in Ghosi P.S. Case No.101/2017, whereby the learned Magistrate has taken cognizance of the offence under Sections 341, 447, 307, 323, 504/34 of the I.P.C. whereas the police after investigation submitted charge-sheet for the offence under Sections 341, 447, 323, 504, 307, 34 of the I.P.C. and 27 of the Arms Act against only seven out of ten F.I.R. named accused and accepted final form against them without hearing the petitioner, although a protest petition was pending.

Realising the limited scope for exercise of the quashing jurisdiction under Section 482 Cr.P.C., petitioner's counsel submits with respect to the other charges, which have been left out in the order taking cognizance, he would be raising

Patna High Court CR. MISC. No.10909 of 2021(2) dt.27-04-2022 2/2 the issue at the appropriate stage at the trial. With the aforesaid liberty, the application is disposed of.

(Madhuresh Prasad, J) PNM U T