Patna High CourtCR. MISC./35147/2013dismissed

Subodh Kumar Singh v. State Of Bihar And ANR

2017-01-13Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.35147 of 2013 (3) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35147 of 2013 Arising Out of PS.Case No. -94 Year- 2012 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Subodh Kumar Singh S/O Late Abmika Prasad Singh Resident Of Village-+ P.S- Alam Nagar, District- Madhepura. .... .... Petitioner/s

Versus

1. State Of Bihar & Anr

2. Savita Kumar Sin Gh W/O Dr. Jitendra Kumar Si Ngh C/O Ramagaya Singh, Resident At Jai Prakash Nagar, P.S- Rajeev Nager, Patna- 25 .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Nobody appears on behalf of the petitioner.

On call yesterday (i.e. on 12.01.2017) also, nobody had appeared, as such the case was adjourned for today. From perusal of the record, it appears that the petitioner has challenged the order taking cognizance dated 15.07.2013 passed by the Judicial Magistrate- Ist Class, Patna in connection with Rajeev Nagar P.S.Case No.94 of 2012, whereby the cognizance has been taken against the petitioner and the processes were issued.

Heard learned A.P.P., who has submitted that there is no illegality in the order, as only after perusal of the materials, F.I.R. as well as the charge-sheet, the present order has been

Patna High Court Cr.Misc. No.35147 of 2013 (3) dt.13-01-2017 passed.

In view of the fact that the case is of the year, 2013 and in spite of the call, no body appears and from perusal of the record, it appears that after perusal of the charge-sheet and the case diary, the learned court below had taken cognizance against the petitioner & others under Section 406, 420, 34 of the Indian Penal code and Section 138 of the N.I. Act.

As such, I do not find any illegality in the order of the learned court below. Hence, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U