Patna High CourtCR. MISC./18627/2015disposed

Baidya Nath Sharma v. State Of Bihar And ANR

2015-05-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18627 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Baidya Nath Sharma Son of Late Sita Ram Sharma, resident of villageBangal Khar, P.S. Kuchai Kol, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Arun Kumar Singh Son of Late Ram Bhajan Singh, At New Colony Balughat, Road No. 4, P.S. Muzaffarpur Town, District- Muzaffarpur. At present General Secretary, North Bihar Gramin Bank Employeer Officers Congress, Raj Market, Akharaghat Road, P.S. Muzaffarpur (T), DistrictMuzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bam Deo Pandey, Adv. Mr. Jitendra Pandey, Adv.

For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-05-2015 The petitioner seeks quashing of the order dated 28.02.2015 passed by the learned Judicial Magistrate, Muzaffarpur in C. No. 02 of 2015, whereby, finding a prima facie case to be made out for the offences under sections 504, 506 and 385 of the Indian Penal Code, the petitioner has been summoned to face trial. The aforementioned summoning order has been passed after perusing the allegations made in the complaint as well as statement of the complainant recorded on oath and the statement of the witnesses recorded in course of enquiry conducted under section 202 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.18627 of 2015 (2) dt.01-05-2015 2/2 Neither the statement of the complainant nor the statement of the enquiry witnesses has been brought on record. In absence of the aforementioned statements, I find it difficult to decide this case on merits.

In that view of the matter, the application is disposed of with liberty to the petitioner to file another application before this Court in the same subject matter after bringing on record all the relevant documents.

(Ashwani Kumar Singh, J) Pradeep/- U T