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Patna High CourtCR. MISC./26609/2013dismissed

Rajendra Chaudhary And ORS. v. State Of Bihar And ANR

2016-04-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26609 of 2013 Arising Out of PS.Case No. -59 Year- 2010 Thana -SURYAPURA District- SASARAM (ROHTAS) ======================================================

1. Rajendra Chaudhary, Son of Ramprit Chaudhary

2. Tinku Chaudhary, Son of Rajendra Chaudhary

3. Duldul Chaudhary, Son of Rajendra Chaudhary

4. Ramesh Chaudhary, Son of Kamla Chaudhary All residents of Village- Kusumhra, P.S.- Surajpura, District- Rohtas .... .... Petitioners

Versus

1. The State of Bihar.

2. Kameshwar Bind, Son of Late Harihar Bind, Resident of VillageKusumhra, P.S. Surajpura, District- Rohtas. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-04-2016 Heard learned counsel for the petitioners and Smt. Asha Kumari, learned Addl. Public Prosecutor. Four petitioners have approached this Court by filing the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order of cognizance, which was passed long back on 28.09.2010 in Suryapura P.S. Case no.59/2010, whereby after submission of chargesheet, the learned Magistrate has taken cognizance of offence under Section 307 and other allied Sections of the Indian Penal Code as well as Section 27 of the Arms Act.

Learned counsel for the petitioners tried to persuade

Patna High Court Cr.Misc. No.26609 of 2013 (2) dt.07-04-2016 2/2 the Court that from the F.I.R., no case is made out. Besides hearing learned counsel for the parties, I have also perused the materials available on record including the order impugned. In the order impugned, I do not find any defect warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U