Patna High CourtCR. MISC./39506/2013dismissed

Akhilesh Kumar v. State Of Bihar And ANR

2017-04-06Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.39506 of 2013 dt.06-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39506 of 2013 Arising Out of PS.Case No. -462 Year- 2006 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR =========================================================== Akhilesh Kumar, S/O Late Raghubir Prasad, Resident of Mohalla Laheri Tola, Police Station Tatarpur, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Narayan Prasad Tulsiyan, S/O Late Ramdeo Lal Tulsiyan, Resident of Mohalla Ramsar, Police Station Tatarpur, District Bhagalpur. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 06-04-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 13.05.2013 passed in Criminal Revision No. 85 of 2007, whereby the learned Adhoc Additional Sessions Judge-II, Bhagalpur, dismissed the aforesaid criminal revision preferred by the accused-petitioner confirming the order dated 04.09.2006 passed in Complaint Case No. 462 of 2006, whereunder the Sub-Divisional Judicial Magistrate, Bhagalpur, summoned the accused-petitioner, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Section 323

Patna High Court Cr.Misc. No.39506 of 2013 dt.06-04-2017 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

3. On going through the impugned order dated order dated 13.05.2013 passed in Criminal Revision No. 85 of 2007 and also the order dated 04.09.2006 passed in Complaint Case No. 462 of 2006 , I find no illegality amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date