Patna High CourtCR. MISC./46450/2014rejected

Ram Ayodhya Upadhaya v. The State Of Bihar

2017-10-12Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46450 of 2014 Arising Out of PS.Case No. -37 Year- 2007 Thana -BUXAR District- BUXAR =========================================================== Ram Ayodhya Upadhaya S/o Tribhuvan Upadhaya, R/o Chakrahassi, P.S. - Buxar Mufssil, District - Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr. A. Dayal, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 12-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is, in the present case, seeking quashing of the order dated 26.08.2014 passed by Sri L.K. Mishra, learned Judicial Magistrate, 1st Class, Buxar in G.R. No. 303 of 2007, arising out of Buxar (T) P.S. Case No. 37 of 2007. Submission of learned counsel for the petitioner is that the learned Magistrate has rejected the petition dated 08.07.2014 filed under Section 300 of Cr.P.C. on wholly erroneous ground without looking into the facts and circumstances of the case and without considering the fact that after duly conducted trial the petitioner was

Patna High Court Cr.Misc. No.46450 of 2014 dt.12-10-2017 acquitted of the same charges in G.R. No. 363/1991 arising out of Buxar (T) P.S. Case No. 88 of 1991.

In course of argument, learned counsel for the petitioner could not satisfy this court that the First Information Report (Annexure-1) arises out of the same cause of action. This court is of the view that the F.I.R. is in respect of altogether a different cause of action and the learned Magistrate has not committed any illegality in rejecting the application of the petitioner.

This application is, therefore, rejected.

Rajeev/- (Rajeev Ranjan Prasad, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 12.10.20147 Transmission Date 12.10.2017