Dayanand Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13095 of 2013 Arising Out of PS.Case No. -283 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNalanda at Biharsharif =========================================================== Dayanand Singh, Son of Late Brahamdeo Singh, Resident of Village Fatehli, P.S. Deepnagar, District Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Awadhesh Prasad, Son of Sri Hari Prasad, resident of Devisarai, P.S. Deepnagar, District Nalanda.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Pankaj Kumar, Advocate For the State : Mr. Jitendra Kumar Singh, APP For the O.P. No.2 : Mr. Raj Kishore Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-07-2015 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no.2.

2. The present petition has been filed for quashing the order dated 05.12.2012 passed in Complaint Case No.283c/2012 by which Sri Ranjan Kumar Mishra, learned Judicial Magistrate, Ist Class, Nalanda at Biharsharif has taken cognizance of offence under Section 406 of the Indian Penal Code and directed issuance of process against the petitioner.

3. Considering the stage of the case and also that a prima facie case has been found against the petitioner having regard to the accusations in the complaint and the materials available on record,

Patna High Court Cr.Misc. No.13095 of 2013 dt.16-07-2015 2/2 this Court is not inclined to interfere with the impugned order at this stage. The petitioner will be at liberty to raise all points appropriately at the time of framing of charges.

4. The petition, accordingly, stands disposed of. (Vikash Jain, J) B.T/- U T