Madan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42914 of 2013 Arising Out of PS.Case No. -21 Year- 2008 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Madan Kumar S/O Sri Rajendra Prasad, resident of Mohalla Sakunat, P.S. Bihar, District Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-06-2016 The sole petitioner, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 31.01.2013 passed by learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with G.R. No.148/2008, arising out of Bihar P.S. Case no.21/2008 registered for the offence under Sections 420, 467, 468/34 of the Indian Penal Code. The impugned order indicates that charge has already been framed against the petitioner for the offence under Sections 420, 467, 468 of the Indian Penal Code. Sri Arun Kumar Pandey, learned Addl. Public Prosecutor submits that after framing of charge, normally trial commences. Thereafter, it would not be appropriate to interfere with the trial.

Patna High Court Cr.Misc. No.42914 of 2013 (2) dt.21-06-2013 2/2 Keeping in view the fact that charge has already been framed and the petitioner is assailing the order of charge, I do not find any ground to pass any positive order in favour of the petitioner.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U