Rajeev Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31408 of 2013 Arising Out of PS.Case No. -3239 Year- 2009 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rajeev Kumar Son Of Sri Harivansh Mahto Resident Of Mohalla - Piar, P.S. - Piar, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Harendra Prasad Son Of Late Khakhan Bhagat Resident Of Village - Musalmani Chak, P.S. - Minapur, District - Muzaffarpur

3. Vibha Kumari Daughter Of Sri Harendra Prasad Resident Of Village - Musalmani Chak, P.S. - Minapur, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-08-2016 Heard Smt. Bela Singh, learned counsel for the petitioner and Sri Madan Kumar, learned A.P.P. In the present petition filed under section 482 of the Code of Criminal Procedure, the sole petitioner has prayed for quashing of an order dated 4.7.2013 passed by learned Judicial Magistrate 1st Class, Muzaffarpur in Complaint Case No. 3239 of 2009, Trial No. 1821 of 2013. By the said order the learned Magistrate has rejected the petition for discharge filed under section 245 of the Cr.P.C.

In this case by order dated 28.6.2016 a report was called for from the court below regarding the stage of the case

Patna High Court Cr.Misc. No.31408 of 2013 (4) dt.08-08-2016 2/2 which has been received and kept at flag 'A'. On perusal of the report it is evident that after rejection of discharge petition charge was famed and evidence has already commenced. In view of the facts and circumstances, there is no need to pass any positive order in favour of the petitioner. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T