Krishna Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.42821 of 2013 dt.10-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42821 of 2013 Arising Out of PS.Case No. -1025 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA =========================================================== Krishna Prasad, Son of Late Ram Charan Ram, Resident of Mohalla- Dalhatta, Marufganj, P.S. Malsalami, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Radhe Shyam, Son of Late Ram Charan Ram, Resident of Mohalla- Dalhatta, Patna City P.S. Malsalami, District- Patna .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 10-04-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 24.12.2012 passed in Complaint Case No. 1025 of 2011, whereby the learned Judicial Magistrate Ist Class, Patna City, Patna, summoned the accused-petitioner, on inquiry, under Section 204 of Cr.P.C finding the prima facie case, under Sections 467, 468, 420, 323, 341 and 504 of the Indian Penal Code.

3. On going through the impugned order, I find no illegality amounting to abuse of the process of the court for

Patna High Court Cr.Misc. No.42821 of 2013 dt.10-04-2017 interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.

(Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date 11.04.2017 Transmission Date 11.04.2017