Jiya Lal Yadav And ORS. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24971 of 2011 Arising Out of PS.Case No. -56 Year- 2000 Thana -null District- SAMASTIPUR ===========================================================

1. Jiya Lal Yadav son of late Dhanukkhari Yadav

2. Sikandar Kumar Yadav @ Chhedi son of Jiya Lal Yadav

3. Nathuni Yadav son of Jiya Lal Yadav

4. Ram Pukar Yadav son of late Dhanukhdhari Yadav

5. Kamal Kishore Yadav @ Kamlu son of Jiya Lal Yadav, all residents of village Muzari, P.S. Khanpur, District Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sarjugiya Devi w/o Pulkit Yadav, resident of village Muzari, P.S. Khanpur, District Samastipur .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sita R. Yadav, Advocate For the Opposite Party/s : Mr. J. Kr. Singh No.I, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-02-2015 The Petitioners seek quashing of the order dated 17.3.2011 passed by the Sessions Judge, Samastipur in Criminal Revision No.388 of 2010, by which he has set aside the order dated 22.5.2010 passed by the Judicial Magistrate, 1st class, Samastipur, by which he had dismissed an application under Section 323 Cr.P.C. filed by the Informant.

Considering that even if charge is framed under Section 436 I.P.C., no prejudice would be caused to the Petitioners. Hence, the application is dismissed.

Patna High Court Cr.Misc. No.24971 of 2011 dt.02-02-2015 2/2 The Trial Court is directed to ignore any observations passed by the Sessions Judge in the Revisional order. (Anjana Prakash, J) Narendra/- U T