Ashok Kumar Singh @ Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54019 of 2021 Arising Out of PS. Case No.-376 Year-2014 Thana- BAHADURPUR District- Darbhanga ====================================================== Ashok Kumar Singh @ Ashok Singh,w Son of Vasudeo Singh Resident of Village- Kujji, P.S.- Bahadurpur (Pataur O.P.), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner is seeking quashing of the order dated 17.12.2020 passed by the Judicial Magistrate, Ist Class, Darbhanga in Bahadurpur (Pataur OP) P.S. Case No.376 of 2014 (GR No.1643921/2014) by which learned court below has taken cognizance for offences under Sections 147, 448, 149, 341, 323, 337, 379, 427, 354, 504 and 506 of the Indian Penal Code. As per the FIR, the informant alleged that on 13.11.2014 the accused-petitioner herein, namely, Ashok Singh as also Sanjiv Singh, Rajiv Singh and Lalan Singh with unidentified accused persons armed variously entered into her house by breaking the door, looted her 'Mangalsutra' and gold ornaments worth rupees one lac with further allegation that they torned her blouse. The allegation further is that they also looted the house of Akhilesh Singh and Rita devi and assaulted them too.

The police investigated the matter and thereafter, vide

Patna High Court CR. MISC. No.54019 of 2021(2) dt.26-04-2022 2/2 Charge Sheet No.86/2018 dated 30.04.2018 submitted charge sheet against the accused persons including the petitioner herein. The matter went to the court of Judicial Magistrate, Ist Class, Darbhanga and vide an order dated 17.12.2020 after perusing the FIR and the charge sheet, the learned court below was satisfied that the materials available on record prima facie make out offences against the accused persons named in the charge sheet. Accordingly, the learned court below took cognizance under the offences as stated above against the accused persons including the petitioner herein and issued summons. This Court does not find any infirmity in the order passed by the learned court below. The police has submitted charge sheet after through investigation and the learned court below has quoted different paragraphs of the case diary which satisfied her to take cognizance in the matter.

The application filed by the petitioner herein has no merit and is accordingly dismissed.

(Rajiv Roy, J) Prakash Narayan /- U T