Smt. Naj Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51634 of 2013 Arising Out of PS.Case No. -104 Year- 2011 Thana -JALALGARH District- PURNIA ====================================================== Smt. Naj Rabbani, Wife of Md. Gulam Rabbani, Resident of villageJalalgarh, P.S. Jalalgarh, District-Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. S. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2017 Heard.

This application has been filed under Section 482 of the Code of Criminal Procedure to quash the order dated 29.10.2013 passed in Jalalgarh P.S. Case No. 104 of 2011 (G.R. Case No. 3132 of 2011), whereunder the learned Judicial Magistrate, 1st Class, Purnea dismissed the application filed by the accused-petitioner under Section 239 of the Cr.P.C.

Learned counsel for the petitioner submits that, in fact, the petitioner has valid paper for running the first aid clinic, but petitioner has falsely been implicated in this case and after investigation, the Police also submitted Chargesheet for the offence under Section 467, 419, 420, 471 and 468 of the Indian Penal Code without considering the papers as submitted by the petitioner. On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this

Patna High Court Cr.Misc. No.51634 of 2013 (5) dt.29-06-2017 2/2 application is dismissed. However, the petitioner would be at liberty to raise his point as raised herein before the trial court at appropriate stage.

(Rajendra Kumar Mishra, J) manish/- U T