Hare Krishna Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45131 of 2010 Arising Out of PS. Case No.-143 Year-2009 Thana- ARA NAWADA District- Bhojpur ====================================================== Hare Krishna Mishra, son of Late Ram Ayodhya Mishra, resident of Muhalla Pawarganj, P.S. Ara Nawada, District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mrs. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2017 Heard Sri Maya Shankar Mishra, learned counsel for the petitioner and learned Additional Public Prosecutor. The present petition has been filed for quashing of an order dated 23.07.2009 passed by learned Judicial Magistrate 1st Class, Ara (hereinafter referred to as "Magistrate") in G.R. No. 1352 of 2009 /T.R. No. 1646 of 2010 [arising out of Ara Nawada P.S. Case No. 143 of 2009] . By the said order learned Magistrate after submission of charge- sheet has passed order of cognizance.

Learned counsel for the petitioner tried to persuade the court that as per FIR no offence is made out. However, considering the fact that order of cognizance has been passed after submission of charge -sheet as well as the fact that in the

Patna High Court Cr.Misc. No.45131 of 2010(3) dt.11-09-2017 2/2 order impugned there is no apparent error, there is no reason to interfere with the same.

The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T