Kumari Baby Sinha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9057 of 2013 Arising Out of PS.Case No. -74 Year- 2007 Thana -KAUAKOL District- - ======================================================

1. Kumari Baby Sinha D/O Krishnadeo Prasad, resident of VillageBajitpur, P.S.- Kawakole, District- Nawada

2. Vijay Kumar Suman S/O Late Rama Mandal, resident of VillageJorabardih, P.S.- Kawakole, District- Nawada

3. Ranvir Kumar S/O Gajadhar Mandal, resident of Village- Jorabardih, P.S.- Kawakole, District- Nawada

4. Shrawan Kumar S/O Bacheshwar Mandal, resident of VillageJorabardih, P.S.- Kawakole, District- Nawada

5. Vijay Kumar S/O Darbari Mandal, resident of Village- Jorabardih, P.S.- Kawakole, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Naresh Singh, Advocate For the Opposite Party/s : Mr. Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 21-05-2015 Heard the parties.

The petitioners have filed the present application under Section 482 of the Code of Criminal Procedure,1973 for quashing the order dated 24.01.2013 passed in Kawakole P.S.Case No. 74 of 2007 by learned Judicial Magistrate, Ist Class, Nawada, whereby the prayer made on behalf of the petitioners for their discharge from the criminal prosecution for offences under Sections 467, 468, 471, 385 and 504/34 of the Indian Penal Code has been rejected.

Learned counsel appearing on behalf of the petitioners while arguing the case has not been able to point out any legal infirmity in the order impugned. Admittedly, FIR (Annexure-1) was lodged against these petitioners with specific allegations for the commission of crime in question. On close of investigation,

Patna High Court Cr.Misc. No.9057 of 2013 (5) dt.21-05-2015 2/2 the police submitted chargesheet finding the case to be true against these petitioners.

In above view of the matter, this Court does not find any good ground to interfere with the impugned order dated 24.01.2013 passed by the learned Judicial Magistrate refusing to discharge the petitioners from the criminal prosecution. The present application seems to be completely misconceived and untenable in the given facts of the case, which is, accordingly, dismissed. The interim order of stay passed on 04.10.2013 by a Bench of this Court stands vacated.

Let this order be communicated to the trial court forthwith, with a direction to take up the trial of the petitioners on priority basis.

(Birendra Prasad Verma, J) Tahir/- U