Patna High CourtCR. MISC./48692/2015disposed

Kamta Prasad And ORS v. State Of Bihar And ANR

2017-05-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48692 of 2015 Arising Out of PS.Case No. -745 Year- 2015 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Kamta Prasad, son of Late Ramotar Mahto, resident of Village- Kheman Bigha, Police Station- Noorsarai, District- Nalanda.

2. Ajay Kumar, son of Late Saryug Mahto, resident of Village- Sirnawan, Police Station- Bena, District- Nalanda.

3. Shashi Bhushan Kumar, son of Kamta Prasad, resident of VillageKheman Bigha, Police Station- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Balmiki Prasad, son of Late Mushari Mahto, resident of VillageBiyabani, Police Station- Deepnagar, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Verma For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-05-2017 Heard learned counsel for the petitioners and the learned counsel for the State.

The present application has been filed for quashing the order dated 25.07.2015 passed by learned Judicial Magistrate, Ist Class, Nalanda at Biharsharif in Complaint Case No. 745(C) of 2015 whereby process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341, 323, 504 and 379/34 of the Indian Penal Code.

Learned counsel for the petitioners very fairly

Patna High Court Cr.Misc. No.48692 of 2015 (2) dt.09-05-2017 2/2 submits that the evidence is going on at pre-charge level under Section 244 Cr.P.C.

In view of the changed stage of the trial, the present application has become infructuous and accordingly, it is disposed of with liberty to the petitioners to raise all the contentions at the time of framing of charge, if the charge has not been framed as yet.

(Dinesh Kumar Singh, J) DKS/- U T