Patna High CourtCR. REV./759/2013disposed

Sachit Kumar Jha v. State Of Bihar And ANR

2015-04-07Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.759 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- JAMUI ===========================================================

1. Sachit Kumar Jha, son of Shvi Shankar Jha, R/O Village-Bahera, P.S.-Sarsi, Distt-Purnea, the then Branch Manager, S.B.I. Branch Gopalpur, P.S.-Khaira, Distt-Jamui. At present posted as Deputy Manager, S.B.I. Branch at Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjay Kumar @ Sanjay Kumar Singh, son of Shri Ramnandan Singh R/O Village-Barabandh, P.S.-Khojra, Distt-Jamui .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate For the Respondent/s : Mr. Nasim Yahiya, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 07-04-2015

1. The Petitioner seeks quashing of the order dated 10.06.2013 passed in Cr. Revision No.75 of 2011 by which the Sessions Judge, Jamui, modified the order of cognizance dated 28.11.2011 passed by the Judicial Magistrate, 1st class, Jamui, in Complaint Case No.437-C of 2011 to the extent of observing that an offence under Section 409 Indian Penal Code is made out against the present Petitioner and one of the then Branch Manager.

2. Since what offence is made out is best to be determined at the stage of Charge, I am not inclined to interfere in the matter.

Patna High Court CR. REV. No.759 of 2013 dt.07-04-2015 2/2

3. The application is disposed off with liberty to the Magistrate concerned to consider as to under what offences the Petitioner should be charged and pass appropriate order without being prejudiced by the order of the Revisional Court. (Anjana Prakash, J) JA/- U