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Patna High CourtCR. MISC./28501/2013dismissed

Jitendra Nath Singh v. The State Of Bihar

2016-04-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28501 of 2013 Arising Out of PS.Case No. -302 Year- 2012 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Jitendra Nath Singh Son Of Late Ram Bahadur Singh Of Village- Bakhri Bazar, Police Station- Bakhri, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s : Mr. Shardanand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-04-2016 The sole petitioner is named as accused in Begusarai Town P.S. Case No. 302 of 2012 registered for the offences under Sections 448, 364/511/ 323, 506/ 34 of the Indian Penal Code. He has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 12.10.2012 passed by learned Judicial Magistrate, 1st Class, Begusarai in Begusarai Town P.S. Case No. 302 of 2012. By the said order the learned Magistrate has passed order taking cognizance of the offences under Sections 364, 511, 323, 448, 506/ 34 of the Indian Penal Code. On perusal of the record it is evident that Police after investigation submitted charge sheet and only thereafter, the learned Magistrate has passed the order of cognizance.

Patna High Court Cr.Misc. No.28501 of 2013 (2) dt.25-04-2016 2/2 Apparently, there is no error in the impugned order warranting interference.

The petition stands dismissed.

Let a copy of this order be sent to the court below forthwith.

(Rakesh Kumar, J) Praful/- U T